CSG Law Alert: Obtaining a Temporary Restraining Order: A Brief Overview
If you are a victim of abuse, you may qualify for protection under the Prevention of Domestic Violence Act (“PDVA”) by way of a Temporary Restraining Order (“TRO”), which temporarily bars the abuser from having continued contact or communication with you.
Who Can Seek Relief Under the PDVA?
Anyone who is 18 years of age or older, or who is emancipated.
Who Can I Get a TRO Against?
You may get a TRO against:
- A spouse or former spouse;
- A current or former household member;
- Someone with whom you have a child in common with; or
- Someone with whom you are or were in a dating or intimate relationship.
How Can I File a PDVA Complaint?
In an emergency, call 9-1-1. First responders to the scene of the act of violence will get you to the next step during normal courthouse hours, you may then file a PDVA complaint at the courthouse in the county where you live, or the alleged act of domestic violence occurred. Outside of normal courthouse hours, a PDVA complaint can be filed at your police department or where the alleged domestic violence occurred. In both instances, you will be asked to complete paperwork and appear before a judge who will determine if a TRO is necessary.
What Happens If A TRO Is Granted?
Shortly after the TRO, there will be a hearing to determine whether a Final Restraining Order (“FRO”) should be issued. A judge will decide whether an FRO should be granted. Consider an attorney to represent you given the serious nature of PDVA, a FRO and its potential ramifications, including criminal penalties for violations.
For more on this topic consult your family law attorney.