Domestic Violence Restraining Order
A Domestic Violence Restraining Order can be filed against a person that has abused you and with whom you have had a close relationship (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together), or to whom you are related (parent, child, brother, sister, grandmother, grandfather, in-law). Living together implies more than just being “roommates.”
It can order you to:
Not contact or go near the protected person(s);
Not have a gun or firearm while the order is in effect;
Move out of the house;
Follow child custody and visitation orders;
Pay child support;
Pay spousal or partner support (if you are married or domestic partners);
Stay away from pets;
Transfer the rights to a cell phone number and account to the protected person;
Pay certain bills;
Not make any changes to insurance policies;
Not incur large expenses or do anything significant to affect your or the other person's property if you are married or domestic partners;
Release or return certain property;
Complete a 52-week batterer intervention program and show proof to the court that you completed it; and
Turn in or sell any guns or firearms and ammunition you have, as long as the order is in effect.
Respond to a Request for Domestic Violence Restraining Order
Go to the court hearing on the restraining order. The hearing date is on the Notice of Court Hearing (Form DV-109).
If you do not go to court, the judge can make the restraining order without hearing your side of the story. And the order can last up to 5 years.
The judge can also make orders about your children, child support, and other things without your input.
If you want to tell your side of the story, file an answer BEFORE your court date.
You can fill out and file an answer where you tell the judge your side of the story about what happened.
In your answer, you can also tell the judge what orders you want about child custody and visitation (if you have children with the protected person).
Even if you do not file an answer, GO TO YOUR HEARING!
If you need protection from the person who filed a restraining order against you, you can ask for a restraining order against them (even if they asked for one against you first). But you cannot ask for your order in your response to their restraining order. You have to fill out your own request. Follow the instructions for Ask for a Restraining Order.
Civil Restraining Order
In Civil Court, as opposed to Family Court, special procedures are available to provide quick relief to persons who have suffered harassment at the hands of others if great or irreparable injury is threatened. A request for a Civil Restraining Order can be filed against individuals with whom you have not had a close relationship or are not related to.