OBTAINING A FAMILY VIOLENCE RESTRAINING ORDER
The Forms You Need to Apply for a Restraining Order
Fill out an Application for Relief From Abuse form (JD-FM-137), and an Affidavit – Relief From Abuse form (JD-FM-138). If you want temporary custody of your children, fill out an Affidavit Concerning Children form (JD-FM-164). If the respondent is your spouse or someone you have a civil union with, or you live with the Respondent and have a dependent child who also lives with you, and you would like to ask the court to make additional orders of maintenance, check the box on the Application for Relief From Abuse form (JD-FM-137) that says that, and fill out the Supplemental Affidavit and Request for Orders of Maintenance form (JD-FM-233). You also need to fill out a Restraining Order Service Respondent Profile form (SMC-2), so that the State Marshal can find and deliver the papers to the Respondent. Note: The person who fills out the Application for Relief From Abuse form (JD-FM-137) is called the “Applicant” in the restraining order process. The person the Application for Relief From Abuse form is filed against is called the “Respondent.”
You must give the filled-out forms to the court clerk. The Application and Affidavits must be signed in front of a clerk, notary public or lawyer. The Application and Affidavits will be reviewed by a Judge. When the Judge reviews the application you may be asked by the Judge to testify in court about why you are asking for the restraining order.
You do not have to pay court fees to file the Application or for any motion to change or extend the order. The fee for delivery of the Application (known as service) and any orders issued without a hearing (ex parte) will be paid for by the Judicial Branch.
After the Judge Rules on the Application
If the Judge grants your request for a restraining order, the clerk’s office will process the papers and give you two (2) copies of the:
• Order of Protection form (JD-CL-99) and, if appropriate
• Additional Orders of Protection form (JD-CL-100) and Orders of Maintenance form (JD-FM-234)
The clerk will also return to you the original:
• Application for Relief From Abuse form (JD-FM-137)
• Affidavit – Relief From Abuse form (JD-FM-138)
• Affidavit Concerning Children form (JD-FM-164)
The clerk will also give you the:
• Order and Notice of Court Hearing form (JD-FM-140)
• General Restraining Order Notications form (JD-CL-104)
• Restraining Order Service Respondent form (SMC-2) if you have not already received one
You should keep one of the copies of the Order of Protection form (JD-CL-99) and Additional Orders of Protection form (JD-CL-100), if ordered, with you at all times and the other copy of the orders in a safe place.