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Domestic Violence - Frequently Asked Questions (FAQ's)

1.) Itís just a piece of paper. What good is a restraining order?
2.) How long does it take to obtain a restraining order?
3.) The criminal court issued a restraining order to protect me and the kids. Why do I need to get one through the family law court?
4.) What if that case gets dismissed? What if the case ends quickly?

1.) Itís just a piece of paper. What good is a restraining order? | Back to Top

A restraining order may only seem like a piece of paper, but it is considered a very serious matter to law enforcement. Upon the issuance of a restraining order, the information is immediately faxed and entered into a central statewide database. Within a few hours all of the important information about the restrained person your addresses, names, driverís licenses, vehicle plate numbers and a description of you, the restrained person is on file with all state law enforcement agencies. If the restrained personís vehicle is parked near you or your childís home, work or school, police can run a check and be prepared. The order can be renewed without further incidents occurring.

The court may require that the restrained person attend counseling or anger management classes before visitation with the children can occur, or lifting the restraining order.

2.) How long does it take to obtain a restraining order? | Back to Top

Within two court days after you submit your request for a restraining order under the DVPA, you can receive a temporary restraining order which is good until a hearing can be held. You donít have to give the person that you are requesting be restrained any notice, until the court issues that first temporary restraining order.

3.) The criminal court issued a restraining order to protect me and the kids. Why do I need to get one through the family law court? | Back to Top

The criminal law restraining order usually only lasts as long as the case and probation lasts.

4.) What if that case gets dismissed? What if the case ends quickly? | Back to Top

The family law court restraining order can include orders which allow you to tape telephone conversations, that get you exclusive use and control of the house and vehicles, child support, spousal support, temporary payment of debts such as the home mortgage, and protect your pets.

Domestic Violence - General Information

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