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Domestic Violence Restraining Orders

A restraining order is a court order issued to prevent the reoccurrence of acts of abuse by a batterer. The act(s) of abuse/violence must be recent, within 30 days. To obtain a Domestic Violence Restraining Order you MUST have, or have had, a close personal relationship with the party you are asking to have restrained.

Answer to domestic violence temporary restraining order

If you have been served with a temporary restraining order, you have the opportunity to file a response and attend a hearing to defend yourself prior to the order becoming permanent. Keep in mind that even if you have a good defense as to why the order should not be permanently issued, in the temporary period prior to the hearing, you must obey the commands of the temporary restraining order.

More information and definitions:
Under the Domestic Violence Prevention Act, abuse is defined as any of the following:

  1. Intentionally or recklessly causing or attempting to cause bodily injury.
  2. Sexual assault.
  3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  4. Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.

A relationship is defined as “close” if at least one of the following is true:

  • You are married or were formerly married to the other party.
  • You have or formerly had an engagement or dating relationship with the other party.
  • You and the other party have a child or children together.
  • You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
  • You and the other party are living together, or formerly lived together, as members of a “household.”

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