| The first step to understanding the process | | | | have the right type of relationship. |
| of obtaining a family law domestic violence | | | | Instead, the case may be filed as a "Civil |
| restraining order is to understand that this | | | | Harassment" matter, which involves its own |
| process is quite different from the process | | | | unique process and standard of proof. |
| involved when protective orders are | | | | |
| automatically put into place by the courts in | | | | The hearing for a permanent restraining order |
| criminal matters. In criminal matters, the | | | | is essentially a mini trial. At the hearing, |
| police and the court are empowered to issue | | | | all of the rules of evidence apply, and both |
| "automatic" temporary restraining orders. | | | | parties have the right to a meaningful |
| Evidentiary hearings are not conducted before | | | | opportunity to present evidence and cross |
| these restraining orders are put into place. | | | | examine witnesses. Preparing for a family |
| Consequently, in criminal courts the | | | | court restraining order hearing should |
| protected party does not need to be a part of | | | | include, composing direct and cross |
| the process. | | | | examination questions, and when possible, |
| | | | gathering of physical and demonstrative |
| In many instances, victims of domestic | | | | evidence. In this high tech age that we live |
| violence need to obtain a restraining order | | | | in, e-mail messages, voice messages, and |
| in family court, for example, where the | | | | surveillance video are frequently introduced |
| criminal court restraining order is not | | | | into evidence to prove or disprove a case. |
| adequate to deal with issues such as child | | | | Police reports are also allowed into evidence |
| support, spousal support, or custody and | | | | as an exception to the hearsay rule. Thus, |
| visitation. In other instances, a victim of | | | | litigants should attempt to obtain police |
| domestic violence may need the protection of | | | | reports, whenever possible, as they can be |
| the family court where criminal charges were | | | | very persuasive to the judge. |
| not filed or have been dismissed. | | | | People within the legal profession |
| | | | recognize the serious consequences involved |
| Unlike criminal matters, the protected party | | | | with the issuance of permanent restraining |
| seeking a family law restraining order has to | | | | orders. Given that restraining orders |
| file his or her own papers, attend at least | | | | typically impose significant limitations on a |
| two hearings, and be able to conduct an | | | | party's liberty, and can affect a party's |
| evidentiary hearing. In addition, the | | | | ability to find or maintain employment, these |
| Petitioner in a family court restraining | | | | matters are being taken more seriously by the |
| order matter is responsible for ensuring that | | | | courts in recent years. Courts have become |
| the Respondent has been served prior to the | | | | more skeptical of the requests that are made |
| hearing. | | | | for restraining orders and hold the moving |
| | | | party to his or her burden. Indeed, the days |
| At the hearing, Petitioners seeking a family | | | | of family courts "rubber stamping" |
| law restraining order must be able to present | | | | restraining orders appear to be coming to an |
| a case, and convince the judge by a | | | | end. Consequently, it is incumbent upon any |
| preponderance of the evidence that domestic | | | | person who is faced with having to be a part |
| violence was committed. Thus, a basic | | | | of this process to do his or her homework |
| understanding of what constitutes domestic | | | | before entering the courtroom. |
| violence is essential. In some instances, | | | | |
| the matter does not qualify as a domestic | | | | Law Offices of Donald P. |
| violence case, because the parties do not | | | | |