How To Write A Restraining Order

The police will give the perpetrator a time and date, within 48 hours of the DVPN being served, to appear at a magistrates' court. Magistrates can make a DVPO in the absence of the perpetrator. The law allows magistrates to make a DVPO against the perpetrator even if the other person (the victim) does not agree to it.

You can file a DVPO in the civil clerk's office in the county where you reside, the county where the act of domestic violence occurred, or the county where the abuser resides.

What does a DVPN do? A DVPN places conditions on a perpetrator which may include: stopping him/her from entering, and being within a certain distance, of the victim's home stopping him/her from making the other person leave or excluding them from their home requiring him/her to leave the victim's home.

If a notice has been given that a DVPO is in place and you violate any of its conditions, it is considered a criminal offense and will subject you to arrest. In most cases, a violation will be a gross misdemeanor.

The law provides for a judge to give a DVPO if the defendant intentionally committed one of the following acts against the plaintiff or a child in the plaintiff's custody: Causing or attempting to cause physical injury. Placing in fear of imminent serious bodily injury (for instance, by pointing a gun).

If the DVPO is made, it must last for a minimum of 14 days and a maximum of 28 days. It should specify the end date of the order. There is no power for the court to vary or revoke the order once it has been made. It simply lapses on the end date.

Those accused of domestic violence crimes have the right to a jury trial. Jury trials may take several days to weeks while various members of the jury hear evidence and testimony both against and for the defendant.Evidence may be submitted, including police reports, photos of the injuries and scientific evidence.

If a prosecutor discovers that the accuser has a history of falsely alleging domestic violence, they may feel that a jury will not believe them during a trial since a defense attorney will likely bring up that history. This may lead to the charges being dismissed.