Dismissals of dv with “Civil Restraints”

Dismissals with “Civil Restraints” - The court should not initiate or suggest the use

of “civil restraints” in domestic violence cases. If civil restraints are requested by the

plaintiff, the court should question the victim on the record using the same standards

as a request for a dismissal and in addition, ascertain the following:

A. Whether the victim is aware that the “civil restraints” in an FM (dissolution) or

FD (nondissolution) matter will not provide the same protection as a TRO or

FRO;

B. Whether the victim understands that the police must arrest for a violation of a

domestic violence restraining order but there will be no arrest for the

violation of “civil restraints” and the police are unlikely to respond to a call

regarding such a violation;

C. Whether the victim will feel safe with the protections offered by the “civil”

restraining order; and

D. Whether the victim understands [s]he has a right to obtain a new restraining

order if another act of domestic violence occurs, even if “civil restraints” are

in effect.

Under no circumstances shall an FD matter be opened for the sole purpose of

effectuating “civil restraints.”