Thank you for asking me “How do I get a Domestic Violence Restraining Order/ DVRO?”
Unfortunately domestic violence pervades today’s society. These cases almost always involve folks who’s lives are intertwined, and because many victims are dependent – financially, psychologically or in many other ways – on their aggressors, mechanisms need to be in place to protect both actual and collateral victims of domestic violence.
Regardless of whether or not the cops are involved, every Clerk of Court has a process where a citizen can simply walk in to the courthouse, fill out some paperwork and seek a temporary DVRO without notice to the other party.
It’s not quite that simple, for example, you have to give a sworn statement, and in order for a temporary the DVRO to issue the sworn statement must rise to the level of meriting a Court Order, but Judge’s tend to take these allegations very seriously, and many times they err on the side of the Petitoner, if for no other reason than to cover the Court’s own ass – because no Judge wants to see her or his name in the press when the Plaintiff winds up hospitalized or dead after that Judge had denied them a temporary DVRO.
A temporary DVRO precludes any contact, direct or indirect, in person, by electronics or through third parties, and it may also award such things as exclusive use and occupancy of a shared residence and even temporary child custody.
But the temporary DVRO is just that, temporary, and the Respondent is entitled to challenge the allegations and to present evidence during a full blown evidentiary hearing. If the Judge sides with the Petitioner then a permanent Order will be entered (“permanent” meaning for whatever fixed time period that the Judge decides is necessary and reasonable in that case); and if the Judge sides with the Respondent then the temporary will be dissolved and the case closed.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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