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