--- name: dvro-petition title: Domestic Violence Restraining Order Petition description: Drafts court-ready Domestic Violence Restraining Order petitions compiling chronological abuse incidents into element-driven pleadings supporting ex parte TRO and permanent protective order relief. Covers personal conduct orders, stay-away orders, custody/visitation, move-out orders, property control, and firearms relinquishment. Use when drafting DVRO petitions, protective order requests, ex parte TRO applications, or domestic violence pleadings. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/dvro-petition license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: family language: en tags: [family-law, litigation, pleading, drafting] --- # Domestic Violence Restraining Order Petition Drafts a complete DVRO petition presenting a factual basis for protective relief, supporting both temporary ex parte and permanent orders after noticed hearing. ## Prerequisites 1. **Party identification** — full legal names, DOBs, addresses, contact info for petitioner and respondent; respondent physical description and vehicle info (for service/enforcement) 2. **Relationship documentation** — marriage certificates, cohabitation history, domestic partnership records, children in common (names, DOBs, residence, school/childcare) 3. **Abuse evidence** — incident descriptions with dates/times/locations, threatening communications, photos, police reports, medical records 4. **Witness information** — names, contact info, relationship to parties 5. **Prior legal actions** — existing restraining orders, criminal cases, custody orders 6. **Jurisdiction/venue** — confirm qualifying relationship under applicable DV statute and proper venue If any prerequisite is missing, pause and ask — do not assume or fill gaps. ## Output Structure ### Step 1: Verify Jurisdiction & Forms Before drafting, verify from authoritative sources (current statute, court website, state bar resources): | Element | Verify | |---|---| | Qualifying relationship | Meets statutory definition of domestic relationship | | Required forms | Judicial Council / court-specific form set (e.g., DV-100, DV-109, DV-110, CLETS-001) | | Confidential filing | Address confidentiality program or sealed filing rules | | Service requirements | Personal service rules; whether TRO issues before service | | Firearms provisions | State and federal relinquishment requirements | **Anti-hallucination rule**: Do not rely on parametric memory for form numbers, statutory citations, or execution rules. Search and cite the current statute with URL. If unable to verify, insert: `[VERIFY: JURISDICTION-SPECIFIC REQUIREMENTS — Confirm form numbers and filing procedures for [STATE/COUNTY] before filing.]` ### Step 2: Caption & Party Information | Element | Details | |---|---| | Court | Full court name, county, branch | | Case number | If available; leave blank for new filing | | Petitioner | Name, address (or confidential per local rules), DOB, relationship to respondent | | Respondent | Name, address, DOB, physical description, vehicle info | | Children | Names, DOBs, current residence, school/childcare | **Safety**: Never disclose confidential addresses in publicly accessible portions — file under seal per local rules. ### Step 3: Abuse Narrative (Evidentiary Core) Present incidents **chronologically** in numbered paragraphs. Each incident must include: - Date and time - Specific location (with address) - Detailed factual description — exact words for verbal threats - Type of abuse (physical violence, threats, stalking, harassment, property destruction, financial control, child/pet abuse) - Injuries sustained and medical treatment received - Witnesses present - Law enforcement response (report numbers, officer names) - Documentary evidence (photos, texts, emails, recordings) Establish **pattern and escalation**. Use direct quotes from threatening communications. State facts without hyperbole — let the conduct speak for itself. **Anti-hallucination rule**: Every factual assertion must be sourced from case documents. Do not fabricate or embellish incidents, quotes, or details. ### Step 4: Requested Relief #### Personal Conduct Orders > Restrained person shall not: harass, intimidate, threaten, assault, batter, stalk, destroy property of, contact (directly or indirectly), or disturb the peace of the protected person(s). #### Stay-Away Orders | Location | Default Distance | |---|---| | Petitioner's residence | 100 yards | | Petitioner's workplace | 100 yards | | Petitioner's vehicle | 100 yards | | Children's school/childcare | 100 yards | | Other frequented locations | 100 yards | Adjust distances based on facts and jurisdiction. #### Child Custody & Visitation (if applicable) - Temporary sole legal and physical custody to petitioner - Visitation: supervised / suspended / other (match to risk level) - Specify supervisor if supervised visitation requested - Frame all custody requests under jurisdiction's best-interest standard #### Residence & Property - Move-out order (respondent vacate family home) - Petitioner granted temporary exclusive possession - Temporary use of shared vehicles and essential property - Property control order as needed #### Additional Relief - Firearms relinquishment/surrender order — federal law (18 U.S.C. § 922(g)(8)) prohibits firearm possession under qualifying protection orders [VERIFY current status] - Attorney fees and costs - Any other orders the court deems necessary ### Step 5: Ex Parte TRO Section To support immediate relief without notice, establish: 1. **Recency** — most recent incident date and proximity to filing 2. **Escalation** — pattern showing increasing severity or frequency 3. **Specific imminent threat** — direct quotes, explicit threats, credible danger 4. **Reasonable fear** — petitioner's subjective fear supported by objective facts 5. **Notice risk** — why advance notice to respondent would endanger petitioner ### Step 6: Declaration & Execution - Include standard declaration under penalty of perjury per jurisdiction - Signature block for petitioner (and attorney, if represented) - Date every signature block ### Attachments Checklist - [ ] Required court forms (jurisdiction-specific) [VERIFY form numbers] - [ ] Confidential information form (address, employer, children's schools) - [ ] Supporting declarations from witnesses - [ ] Evidence exhibits (photos, communications, medical records, police reports) - [ ] Proposed temporary orders for judicial signature ## Guidelines - **Factual precision over emotional language** — courts respond to specificity, not adjectives - **Number every paragraph** for easy reference at hearing - **Confidential addresses**: file under seal per local rules; never disclose in the petition body - **Court forms vary by state** — confirm required form set for filing jurisdiction [VERIFY] - **Full faith and credit**: DVRO enforceable nationwide under 18 U.S.C. § 2265 [VERIFY] - **Service**: personal service on respondent typically required; TRO may issue before service - **Every jurisdiction-specific claim must be verified** against current statute or flagged `[VERIFY]` - **Mandatory attorney review** before filing — include explicit notation that output is draft work product, not legal advice