Saturday, February 21, 2015

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.”

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