DISPOSITIONS IN DV CASES

DISPOSITIONS IN DV CASES

4.13.1 Following a final hearing, the court should either enter an FRO with appropriate

relief upon a finding of domestic violence, or an admission of an act of domestic

violence by the defendant; or, dismiss the Complaint/TRO and dissolve all restraints

if domestic violence has not been established; or, if appropriate, adjourn the final

hearing and continue the restraints on an interim basis until a final determination can

be made.

4.13.2 The court only has jurisdiction to enter restraints against a defendant after a finding

by the court or an admission by the defendant that the defendant has committed an

act(s) of domestic violence. A defendant’s admission or stipulation to committing an

act of domestic violence must comply with the following:

A. The parties must be sworn before any action is taken on the complaint,

particularly when one or both of the parties appear pro se;

B. The defendant must provide a factual basis for the admission that an act of

domestic violence has occurred; and

C. Where it becomes clear that defendant does not agree that the conduct

constituted an act of domestic violence, the hearing must proceed.

4.13.3 If prior to or during the final hearing, a defendant alleges that the plaintiff committed

an act(s) of domestic violence, defendant should be instructed to file a separate

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domestic violence Complaint/TRO. The complaint should receive a separate docket

number and, if practicable, both cases should be heard that day unless continued for

good cause.

4.13.4 Where each party has a separate Complaint/TRO: If both parties admit to or are

found to have committed an act or acts of domestic violence, a final order must be

entered on each separate docket number where each party is the defendant. “Mutual

Restraints” cannot be issued on a single restraining order.