A temporary restraining order (TRO) is a civil order that offers legal help for victims of domestic violence. A judge can issue an order that requires the abuser to stay away from you. The TRO can also provide other types of civil relief.
You are eligible to apply for a TRO if:
• You are 18 years of age or older (or an emancipated minor) and the person who committed domestic violence against you was a spouse, former spouse, or a present or former household member
• You are a person of any age who was subject to domestic violence by a person you have a child with (or expect a child together) or a person that you have had a dating relationship with
• The Defendant named in the TRO must be at least 18 years of age or older
How to Get a Temporary Restraining Order
In order to apply for a TRO you should go to your local family county court during normal business hours. If an emergency occurs outside of normal business hours, you can apply at your local police department at any other time. The police will direct your TRO request to the local municipal court judge. You can apply for a TRO at the county courthouse or municipality where the violence occurred, where you live, where you are temporarily sheltered, or where the abuser lives.
How to Use Domestic Violence Act to Make Your Life Better
Domestic Violence Act allows to obtain a TRO. You must state at least one specific act of domestic violence that the defendant recently committed against you. There are 18 different criminal acts the court can consider as acts of domestic violence to support a TRO. The most commonly used crimes for this purpose are assault, harassment, terroristic threats, stalking and criminal mischief.
You must also list acts of domestic violence that have occurred against you in the past. Be detailed and complete in your list of the current and past acts of domestic violence. The court cannot allow you to testify about facts that have not been mentioned to the Defendant in writing. If, for some reason, your TRO did not list the acts of domestic violence you wish to testify about at your final hearing you may add information to your TRO. This is called “amending” the TRO. To amend your TRO, go the family court in your county and ask to talk to somebody in the domestic violence unit. The family court staff will help you add information about the domestic violence or correct any errors you may have spotted in your TRO.
In addition to no contact with the victim, the court may also provide further relief in a TRO, including, but not limited to:
- ordering the police to take the abuser’s firearms, firearms ID cards or other weapons
- ordering temporary financial support
- ordering the abuser to have no contact with the victim’s friends or family members who have also been effected by the domestic violence
- ordering temporary possession of a shared residence to the victim
- ordering temporary custody of children and issuing orders about visitation
- ordering temporary possession of cars, documents or other objects a victim might need
- ordering other relief specific to a particular victim
Once a TRO is issued, a hearing must be scheduled for a trial in the Family Court within 10 days. The local police in the town where the abuser lives will give him or her copy of the TRO. This is called “service.” The order will require you and the abuser to appear in court on the day and time shown on the last page of your TRO.
