Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?
Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order on their own. Domestic violence restraining orders may also be filed by someone else on behalf of a child.
The person seeking a domestic violence restraining order is called the “Petitioner”. The petitioner must file a declaration that they must sign under penalty of perjury about the allegations of abuse or harassment that they claim has taken place. The petitioner has the burden of convincing the court that granting a restraining order is necessary in their case. The level of proof required to obtain a temporary restraining order is called a “preponderance of evidence” standard.
What kind of evidence can be used?
Several types of evidence can be used for the petitioner to meet this burden. These types of evidence could include:
- text messages
- medical records
- police reports
- supporting witnesses who testify at the hearing
- evidence of past conduct by the other party that is offered to prove a “pattern of conduct”.
If you have been abused or threatened with abuse, you should contact our law firm to see if you are eligible to apply for a domestic violence restraining order against your abuser. In order to file a domestic violence restraining order, your lawyer will first file a request application at the courthouse in the county where your abuser lives or where the abuse took place.
You can contact Wallin and Klarich for a free phone consultation to discuss your case. If you decide to hire us to help you, we will guide you through the process, help you prepare and file the proper legal forms, and appear in court, ready to introduce strong evidence on your behalf.
Contact Wallin & Klarich Today
If you have a protective or restraining order filed against you or you are seeking to file a restraining order, you should consult with an experienced restraining order attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 38 years of experience successfully handling cases involving criminal protective orders and restraining orders.
Call us today at (877) 4-NO-JAIL (714-587-4279) for a free telephone consultation. We will get through this together.