FREQUENTLY ASKED QUESTIONS

Q: What does a restraining order do?

A: In addition to stay away orders, it also addresses the issues of child support, custody, visitation, property control, requests for batterer’s treatment and residence move out orders.

Q: Will the restraining order affect the custody of my children?

A: If the abuser is the father of your children, the court will establish custody orders or change any existing orders

Q: Can I get a kick-out order if our residence is in both our names?

A: Yes, if you convince the court that it's necessary for the safety of you and your children and/or for some other compelling reason. Click here for more information.

Q: Will the abuser see what I wrote on my application for the restraining order?

A: Yes. You are required to serve the abuser with a copy of the forms you file with the court.

Q: Does the abuser have to be present at the hearing?

A: No. The court requires that the abuser be served with the forms and that a Proof of Service be filed with the court to let them know he knew about the hearing. If the Proof of Service is on file (or you have a court stamped copy with you at the hearing) the court will hear your case without the abuser present. The abuser can attend the hearing if they are not in agreement with the issues that you addressed in your application for the restraining order.

Q: How long will the hearing last?

A: Most hearings average 15 minutes or less (if you live in a county which requires that you attend mediation the same day, you will be at the court longer).

Q: Can I bring someone with me to the hearing and mediation?

A: Yes. The law allows you to have a "support person" present. However, they may not address the court or disrupt the proceedings in any way.

Q: I want to withdraw my application for a restraining order. Can I do that and still get the court to order counseling for the abuser?

A: No. If you withdraw your application, the court can not order treatment.

Q: Does the restraining order divorce me from the abuser?

A: No. The restraining order covers many of the same issues found in divorces, but it does not end your marriage. You must petition the court for a "dissolution" (divorce) in a separate proceeding.

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