Domestic Violence Restraining Order Petition

Drafts a complete DVRO petition presenting a factual basis for protective relief, supporting both temporary ex parte and permanent orders after noticed hearing.

Prerequisites

Party identification — full legal names, DOBs, addresses, contact info for petitioner and respondent; respondent physical description and vehicle info (for service/enforcement)
Relationship documentation — marriage certificates, cohabitation history, domestic partnership records, children in common (names, DOBs, residence, school/childcare)
Abuse evidence — incident descriptions with dates/times/locations, threatening communications, photos, police reports, medical records
Witness information — names, contact info, relationship to parties
Prior legal actions — existing restraining orders, criminal cases, custody orders
Jurisdiction/venue — confirm qualifying relationship under applicable DV statute and proper venue

If any prerequisite is missing, pause and ask — do not assume or fill gaps.

Output Structure

Step 1: Verify Jurisdiction & Forms

Before drafting, verify from authoritative sources (current statute, court website, state bar resources):

| Element | Verify | |---|---| | Qualifying relationship | Meets statutory definition of domestic relationship | | Required forms | Judicial Council / court-specific form set (e.g., DV-100, DV-109, DV-110, CLETS-001) | | Confidential filing | Address confidentiality program or sealed filing rules | | Service requirements | Personal service rules; whether TRO issues before service | | Firearms provisions | State and federal relinquishment requirements |

Anti-hallucination rule: Do not rely on parametric memory for form numbers, statutory citations, or execution rules. Search and cite the current statute with URL. If unable to verify, insert: [VERIFY: JURISDICTION-SPECIFIC REQUIREMENTS — Confirm form numbers and filing procedures for [STATE/COUNTY] before filing.]

Step 2: Caption & Party Information

| Element | Details | |---|---| | Court | Full court name, county, branch | | Case number | If available; leave blank for new filing | | Petitioner | Name, address (or confidential per local rules), DOB, relationship to respondent | | Respondent | Name, address, DOB, physical description, vehicle info | | Children | Names, DOBs, current residence, school/childcare |

Safety: Never disclose confidential addresses in publicly accessible portions — file under seal per local rules.

Step 3: Abuse Narrative (Evidentiary Core)

Present incidents chronologically in numbered paragraphs. Each incident must include:

Date and time
Specific location (with address)
Detailed factual description — exact words for verbal threats
Type of abuse (physical violence, threats, stalking, harassment, property destruction, financial control, child/pet abuse)
Injuries sustained and medical treatment received
Witnesses present
Law enforcement response (report numbers, officer names)
Documentary evidence (photos, texts, emails, recordings)

Establish pattern and escalation. Use direct quotes from threatening communications. State facts without hyperbole — let the conduct speak for itself.

Anti-hallucination rule: Every factual assertion must be sourced from case documents. Do not fabricate or embellish incidents, quotes, or details.

Step 4: Requested Relief

Personal Conduct Orders

Restrained person shall not: harass, intimidate, threaten, assault, batter, stalk, destroy property of, contact (directly or indirectly), or disturb the peace of the protected person(s).

Stay-Away Orders

| Location | Default Distance | |---|---| | Petitioner's residence | 100 yards | | Petitioner's workplace | 100 yards | | Petitioner's vehicle | 100 yards | | Children's school/childcare | 100 yards | | Other frequented locations | 100 yards |

Adjust distances based on facts and jurisdiction.

Child Custody & Visitation (if applicable)

Temporary sole legal and physical custody to petitioner
Visitation: supervised / suspended / other (match to risk level)
Specify supervisor if supervised visitation requested
Frame all custody requests under jurisdiction's best-interest standard

Residence & Property

Move-out order (respondent vacate family home)
Petitioner granted temporary exclusive possession
Temporary use of shared vehicles and essential property
Property control order as needed

Additional Relief

Firearms relinquishment/surrender order — federal law (18 U.S.C. § 922(g)(8)) prohibits firearm possession under qualifying protection orders [VERIFY current status]
Attorney fees and costs
Any other orders the court deems necessary

Step 5: Ex Parte TRO Section

To support immediate relief without notice, establish:

Recency — most recent incident date and proximity to filing
Escalation — pattern showing increasing severity or frequency
Specific imminent threat — direct quotes, explicit threats, credible danger
Reasonable fear — petitioner's subjective fear supported by objective facts
Notice risk — why advance notice to respondent would endanger petitioner

Step 6: Declaration & Execution

Include standard declaration under penalty of perjury per jurisdiction
Signature block for petitioner (and attorney, if represented)
Date every signature block

Attachments Checklist

[ ] Required court forms (jurisdiction-specific) [VERIFY form numbers]
[ ] Confidential information form (address, employer, children's schools)
[ ] Supporting declarations from witnesses
[ ] Evidence exhibits (photos, communications, medical records, police reports)
[ ] Proposed temporary orders for judicial signature

Guidelines

Factual precision over emotional language — courts respond to specificity, not adjectives
Number every paragraph for easy reference at hearing
Confidential addresses: file under seal per local rules; never disclose in the petition body
Court forms vary by state — confirm required form set for filing jurisdiction [VERIFY]
Full faith and credit: DVRO enforceable nationwide under 18 U.S.C. § 2265 [VERIFY]
Service: personal service on respondent typically required; TRO may issue before service
Every jurisdiction-specific claim must be verified against current statute or flagged [VERIFY]
Mandatory attorney review before filing — include explicit notation that output is draft work product, not legal advice