A domestic violence restraining order is an order that helps protect you from someone with whom you have a close relationship and who is abusive. You may request a Domestic Violence Restraining Order against your spouse or former spouse, person you are dating, or person you have dated, the mother or father of your child, or anyone closely related to you by blood, marriage or adoption. Whether or not the issuance of a Domestic Violence Restraining Order is appropriate is guided by the Domestic Violence Prevention Act. Be aware that certain acts prohibited by the Domestic Violence Prevention Act are NOT limited to physical acts of violence. Verbal, emotional, psychological, and financial abuse may all be sufficient grounds under the law to acquire a Domestic Violence Restraining Order, even in the absence of physical violence. Technically, any actions which disturb the peace of another with whom you share a “close relationship” can constitute grounds for a Domestic Violence Restraining Order.

Notably, the standard of proof needed to secure this type of order is quite low. In the criminal courts, one must be proved guilty beyond a reasonable doubt, which is the highest legal burden of proof to satisfy, since somebody’s life and freedom is at stake. In a civil harassment restraining order proceeding, one must meet the burden of proof of clear and convincing evidence, which, while not as high of a burden as proof beyond a reasonable doubt, requires a very substantial showing nonetheless. However, in order to succeed in a Domestic Violence Restraining Order proceeding, the court uses the preponderance of the evidence standard, which is the lowest of all burdens of proof. This means that, if the court finds it more likely than not that one or more acts of domestic violence occurred, a protective order will issue. Viewed another way, if looking at the scales of justice, if the scales tip 51% toward “probably”, a Domestic Violence Restraining Order should legally be issued.

Domestic Violence Restraining Orders may include orders telling that person what they cannot do to you, such as contacting you either directly or indirectly, or following you and/or stalking you. It may also have orders that tell that person to stay a certain distance away from your home, work, residence, or other public places. Domestic Violence Restraining Orders may also require the restrained property to vacate your residence, they will require the restrained party to surrender any firearms, and may permit the protected party to record unlawful communications. Child custody and support orders (child support and spousal support), as well as attorney’s fees and costs, may also be sought in a Domestic Violence Restraining Order Application.