What is a domestic violence restraining order?
A domestic violence restraining order (DVRO) is a court order designed to protect victims of abuse from their abusers. When someone experiences violence, threats, or harassment from a family member, intimate partner, or someone they’ve had a close relationship with, they can ask a judge for this type of protection order.
Who Can Get a Domestic Violence Restraining Order?
You may qualify for a DVRO if you’ve been abused by someone you have a specific type of relationship with. This includes:
- Current or former spouse or domestic partner
- Someone you’re dating or used to date
- Someone you live with or used to live with
- A family member related by blood or marriage
- The other parent of your child
The abuse doesn’t have to be physical. Courts recognize many forms of intimate partner violence, including emotional abuse, stalking, sexual assault, and threats of harm.
Types of Protection Orders
There are different types of restraining orders available, depending on your immediate needs and situation:
Emergency Protective Order (EPO)
An emergency protective order provides immediate protection and can be issued by a judge at any time, even outside regular court hours. Police officers often request these orders when responding to domestic violence calls. An EPO typically lasts up to seven days, giving victims time to seek a longer-term restraining order.
Temporary Restraining Order
When you file for a DVRO, you can ask for temporary protection while waiting for your court hearing. If granted, this order usually lasts 20-25 days until your court date.
Permanent Restraining Order
After a court hearing where both parties can present evidence, a judge may issue a “permanent” restraining order. Despite the name, these orders typically last up to five years and can be renewed.
What Protection Does a DVRO Provide?
A domestic violence restraining order can include various protections tailored to your situation:
- Personal conduct orders: Prohibit the abuser from contacting, calling, texting, or coming near you
- Stay-away orders: Require the abuser to keep a specific distance from you, your home, workplace, or children’s school
- Move-out orders: Force the abuser to move out of a shared home
- Child custody and visitation orders: Establish temporary custody arrangements and supervised visitation if necessary
- Property orders: Determine who can use shared property like cars or bank accounts
How to Get a Domestic Violence Restraining Order
The process for obtaining a DVRO involves several steps:
- Fill out court forms: Complete the required paperwork describing the abuse and what protection you need
- File with the court: Submit your forms to the courthouse – there’s no fee for filing a DVRO
- Judge reviews your request: A judge will review your application, usually the same day
- Temporary order: If approved, you’ll receive temporary protection until your hearing
- Serve the papers: Have law enforcement deliver copies to the abuser
- Attend the hearing: Both parties can present evidence at the court hearing
- Judge’s decision: The judge will decide whether to grant a long-term restraining order
What Happens If Someone Violates the Order?
Violating a protection order is a crime. If the restrained person breaks any part of the order, you should:
- Call 911 immediately if you’re in danger
- Report the violation to police
- Keep evidence of the violation (photos, messages, witness information)
- Request that the district attorney file criminal charges
Law enforcement must arrest anyone they have probable cause to believe has violated a DVRO. Violations can result in fines, jail time, or both.
Getting Help and Support
You don’t have to navigate this process alone. Many resources are available:
- Domestic violence hotlines: Provide 24/7 support and guidance
- Court self-help centers: Offer free assistance with paperwork
- Legal aid organizations: Provide free or low-cost legal representation
- Victim advocates: Help you understand your options and accompany you to court
- Shelters and safe houses: Offer temporary housing if you need to leave home
Important Things to Remember
A domestic violence restraining order is a powerful legal tool, but it’s just one part of a safety plan. Consider these important points:
- A DVRO is a civil order – criminal charges may be filed separately
- Keep copies of your restraining order with you at all times
- Give copies to your employer, children’s school, and trusted friends
- Document all incidents and violations with dates, times, and details
- Create a safety plan for emergencies
Remember, seeking a protection order is a brave step toward safety. Intimate partner violence is never your fault, and you deserve to live free from fear and abuse. Whether you’re ready to file for a DVRO or just exploring your options, reaching out for help is the first step toward protecting yourself and your loved ones.
