Domestic Violence

What is abuse?

"Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.

Can I get a restraining order?

You can ask for one if:

  • A person has abused you, and
  • You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together*), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law).

*You have to be more involved than just roommates.

What if I don't qualify for a restraining order?

If you don't qualify, there are other kinds of orders you can ask for:

  • Civil harassment order (can be used for neighbors, roommates, and co-workers).

How soon can I get the order?

The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner.

How will the restraining order help me?

It can order the restrained person to:

Not contact or go near you, your children, other relatives, or others who live with you Not have a gun Move out of your house Follow child custody and visitation orders Pay child support Pay spousal or partner support Stay away from the pet(s)

How long does the order last?

The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 5 years. Child custody orders have different end dates and usually last until the child turns 18.

Do I have to go to court?

Yes. Go to court on the date the clerk gives you. If you do not, your order will end.

Do I need a lawyer?

No. But it is a good idea, especially if you have children.

Ask the court clerk about legal services and domestic violence help centers in your county. The clerk can also send you to the family law facilitator for help with child support.