We have a client who was physically abused by her husband. Four years ago, she filed for a restraining order under the Domestic Violence Prevention Act (DVPA). This restraining order was issued by the court and included a move-out and stay-away provision. Our client believes that her now ex-husband continues to pose a threat to her personal safety. She would like to petition for a renewal of the restraining order.
Based on this fact pattern answer the following:
Has the original domestic violence restraining order expired?
What is the burden to obtain a renewal?
When should our client petition for a renewal? Can she do that immediately?
Assume the court denies her renewal petition. Our client gets a threatening phone call from her husband. She fears for her safety. What remedy (if any) is available to her? She needs immediate protection.