Also known as: domestic violence protection orders · DV protection order · DVPO · protective order · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order that restrains an abuser from contacting, approaching, or harming a victim of domestic violence. The order typically bars entry to the victim's home or workplace and may require the abuser to stay a specified distance away.
Diana Delgado sought a domestic violence protection order against her former partner after repeated threats at her workplace. During discovery the partner moved for limits on document requests after attempting to confer in good faith. The court issued an order restricting the scope of production to avoid undue burden while preserving relevant safety evidence.
Damian Decker faced charges arising from an alleged violation of a domestic violence protection order obtained by Destiny Davis. The prosecutor learned of exculpatory witness statements but withheld them pending a protective order from the tribunal. Once the order issued, timely disclosure to the defense satisfied the disclosure duty.
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Dolores Diaz, a limited partner, filed a derivative action alleging misuse of partnership assets to evade a domestic violence protection order. The partnership appointed a special litigation committee that sought extraordinary relief. The court granted a temporary restraining order halting further transfers pending investigation.
Danielle Dixon obtained a domestic violence protection order and later sought to convert it into a preliminary injunction against further contact. The court required her to post security in an amount sufficient to cover potential costs if the restraint proved wrongful. The United States was not required to provide security when acting as movant.
A lawyer who intentionally blocks advice about obtaining a domestic violence protection order can be negligent. The lawyer realizes or should realize that the client needs the protective steps. Blocking the advice prevents the client from taking necessary action for physical safety.
Liability arises when a lawyer undertakes to file an emergency domestic violence protection order and the client reasonably relies by forgoing other shelter. Forgetting to file after the promise satisfies the reliance element if the client is then harmed.
No civil suit for intentional infliction of emotional distress requires a prior criminal protective order. The tort elements focus on outrageous conduct, intent or recklessness, causation, and severe distress, which can be shown independently of any criminal proceeding.