Permanent Restraining Orders
The standard of proof at a hearing to determine if a temporary order should be permanent is the same standard of proof used at the temporary restraining order hearing, whether the court has reasonable proof of a past act or acts of abuse. Again, this is generally based on the declaration of the alleged victim.
After the hearing, if the court grants the application for the permanent restraining order, the court has the authority to make, in addition to the orders under a temporary order, orders excluding the restrained person from the family home, child custody and visitation orders, child support orders and in some cases spousal support orders. The court also has the authority to issue victim restitution to reimburse the alleged victim for out of pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent or any actual physical injuries sustained from the abuse.
The person who is the subject of the restraining order, referred to as the respondent, has a right to challenge the application for a permanent restraining order. The respondent must file a response to a request for a domestic violence restraining order. Responding to a request for a permanent restraining order can be confusing, difficult and, in many cases, overwhelming. If the domestic violence restraining order is granted, it could affect you for many years.
The residence exclusion, personal conduct orders, and stay-away orders can remain in force for as long as five years from when the order is issued. Child custody, visitation and support orders can remain in effect after the termination of the domestic violence restraining order. Any other orders made by the court will remain in effect until the court orders otherwise.
At the end of the restraining order period, the alleged victim can seek an extension of the domestic violence restraining order. The restraining order can be extended for another five years, or in the court’s discretion can be made permanent. This extension can be made without any evidence of additional abuse. The extension can be granted on the information contained in the original application provided the restraining order had not previously expired.