Frequently Asked Questions: Domestic Violence

When should I file for a restraining order?

If your former partner or spouse engages in any of the following types of actions or behaviors, you may have sufficient grounds to seek a restraining order. 

  1. Assault or attempted physical assault or battery.
  2. Harassment or stalking
  3. Sexual misconduct or otherwise unwanted physical contact. 
  4. Threats to harm you, your children, or threats of kidnapping. 
  5. Any other behavior that makes you fear for your safety, or the safety of your children. 

Restraining orders are serious, and should not be taken lightly.  You should not file one unless you believe it to be absolutely necessary.  If a permanent restraining order (DVRO) is granted, the order can be issued for up to 5 years. 

How do I file for a restraining order?

Forms:

  • DV-109 Notice of Court Hearing- Fill out sections 1 & 2 only
  • DV-110 Temporary Restraining Order- Fill out sections 1, 2, and 3
  • DV-100 Request for Domestic Violence Restraining Order
  • DV-105 Request for Child Custody and Visitation Order
  • DV-140 Child Custody and Visitation Order
  • DV-108 Request for Order- No Travel with Children
  • DV-145 Order- No Travel with Children
  • CLETS-001
  • Blank DV-120 Response to Request for Restraining Order

These forms must be filled out and filed with the clerk. Prior to filing it is recommended that you have your forms reviewed by the Self-Help Center at the Superior Court. Once filed, these forms must be served on the Defendant. The person serving the Defendant must then fill out a DV-200 form for Proof of Personal Service. This form is then filed with the clerk.

For more information, please see our Forms and Local Resources section.

Can I renew (or extend) a domestic violence restraining order?

If a permanent restraining order has been granted by a judge, you may petition the court to extend the protective order.  The petition should be filed 3 months prior to the expiration of the protective order.  There is no guarantee that the renewal or extension will be granted by the judge as this will highly depend upon the details of your case.  

What do I do if I am served with a restraining order?

When a restraining order is taken out against you, you could be required to move out of your home, lose the right to visit your children, and be rendered unable to own any firearms, to name a few.  

Forms: 

  • Resposne to Request for DVRO: DV-120
  • Additional Page (Form MC-020) if you need additional space to write your response

Other forms you may need to fill out, depending on your case:

  • Income and Expense Declaration FL-150
  • Financial Statement FL-155