Qualifying Relationship
In order to qualify for a domestic violence restraining order you must have one of the following relationships to the person you want restrained:
- Spouse or former spouse
- Person with whom you share or shared a living space
- Have or had a dating/engagement relationship
- Parents of a child
- Relative to the second degree (grandparents, but not cousins)
Qualifying Offenses
In order to qualify for a domestic violence restraining order the person you wish to have restrained must have committed at least one of the following acts:
- Recent physical violence (usually within the past 6 months)
- Recent threats of physical violence (past 3-6 months)
- Harassment (excessive phone calls, threatening or upsetting notes, etc.)
- Recent sexual assault or molestation
- Stalking
- Very severe verbal abuse
Qualifying Evidence
The court cannot issue a restraining order without “reasonable proof” that abuse has been committed. A signed statement detailing particular incidents of abuse and, if possible, the dates on which they occurred may be enough evidence. However, the following items are very helpful to the court. If you have them, a copy should be attached to your statement:
- Police reports of recent incidents
- Medical/hospital records
- Photographs of injuries
- Emergency Protective Orders
- Criminal Protective Order
DVRO Protection
Domestic violence orders are primarily designed to keep the restrained party away from you, but they also can provide other types of relief from abuse. Below are some of the requests you can make when filing for a restraining order.
- Restrained person cannot contact you
- Restrained party must stay at least 100 yards away from you
- If you live with the restrained party, you can have the person removed from the property (this is only effective if you have some claim to the property)
- You can request child custody and child support, and set a visitation schedule
- Restrained party may be required to attend a batterer’s treatment program
- You may get legal control of property that belongs to both of you or to you alone
- Restitution (reimbursement for costs resulting directly from injuries caused by the batterer, such as medical bills or lost income)
- Restrained person may not possess any firearms