KINDS OF COURT PROCEEDINGS

AN OVERVIEW

 A victim of domestic violence may be involved in various kinds of court proceedings.  The victim may be involved in only one of the proceedings, all of the proceedings, or a combination at the same time or different times.  The different types of courts where proceedings involving Domestic Violence issues may be heard are:

1. Criminal Court: The State files a complaint against the batterer for committing a crime, i.e. spousal abuse, battery, assault, terrorist threat etc.  This may be misdemeanor or a felony.  Violation of a civil restraining order is also a crime.  In these actions, the State (the People) files a complaint against the perpetrator and the victim of domestic violence is the VICTIM and the WITNESS.

2. Dependency Court: The State (through the County) intervenes in cases of child abuse or neglect.  Usually a social worker from the Department of Family and Children Services (DFCS) is contacted when a person from a public or private agency reports domestic violence.  A social worker may begin an investigation, and inform the victim of domestic violence that her children will be removed UNLESS she obtains restraining orders against the batterer.  It is important that she take all actions necessary to protect her children. A social worker may recommend that a child be removed from the home of the victim of domestic violence if the violence has occurred in front of the children and/or if she refuses to obtain restraining orders against the abuser. If the County files a petition to remove her child from her home, she will be entitled to a court appointed attorney to represent her, and so will all other parties, including the children.

3. Family Law Court: One party sues the other, i.e. Jane Doe v. Jack Doe, for restraining orders and other relief including but not limited to custody, visitation, child support.  The victim of domestic violence may obtain these orders by filing different kinds of lawsuits, depending on her circumstances, as follows:
 

It is with the proceedings that take place in Family Law courts that these web pages concern themselves. Criminal court and Juvenile court proceedings are beyond the topic of discussion here.


 

KINDS OF FAMILY LAW PROCEEDINGS: AN OVERVIEW

Family Law Court: One party sues the other, i.e. Jane Doe v. Jack Doe, for restraining orders and other relief including but not limited to custody, visitation, child support.  The victim of domestic violence may obtain these orders by filing different kinds of lawsuits, depending on her/his circumstances, as follows:
  The Domestic Violence Prevention Act (DVPA) is a summary proceeding that offers victims of domestic violence quick access to the court. S/he can generally apply for and obtain and temporary restraining order on the same day. The purpose of the DVPA is to permit a battered person to obtain restraining orders, custody of children, child support and other relief that will keep the battered person safe and will provide stability until s/he can decide what s/he wants to do next. S/he will have time to assess the situation, obtain support services and place herself or himself in a position where s/he is financially and emotionally able to seek other legal relief.

The advantages of the DVPA are:

The disadvantages of the DVPA are: Once a party has filed a Petition for Dissolution of Marriage, Legal Separation or Nullity or a Petition to Establish the Parental Relationship, the parties must generally file all other documents, including requests for restraining orders, in that case at that courthouse.  This is generally true until after the judgment has been entered and the children, if any, have reached the age of majority.