Domestic Violence Restraining Orders

Aug 19, 16 Domestic Violence Restraining Orders

A domestic violence restraining order is an order issued by the court to prevent a party from being domestically abused. These orders will be issued by the court, if the court feels that the victim has been physically, sexually or emotionally abused. Most often a judge will provide retraining orders to a victim of domestic violence after criminal or civil proceedings. After a restraining order is issued, if the abuser violates this, he will face criminal charges.

The process for obtaining a Domestic Violence Restraining Order

The victim should bring with them supporting documentation. This could include police reports, photographs of any injuries, medical reports, any copies of any threatening emails or notes, tapes of phone calls or voicemail messages, etc.

If the judge believes that the victim is in danger, the judge will issue a temporary restraining order. A copy of which must be with the victim at all times and a copy should be filed at the victim’s local police department.

The abuser will also be served with a copy, with orders to appear before the judge to respond to the allegations. In some instances, the sheriff’s office is responsible for serving the abuser. While in others, the victim is responsible for hiring a person to serve the abuser.

On the hearing date, both the victim and the abuser have to be present and can be accompanied by their own lawyers. The victim should produce all documentation relating to the violence and produce witnesses if possible.

The judge will then decide if the restraining order should be lifted or held.