Many people across the globe face harassment, sexual assault, or domestic violence from other parties. A victim of such acts can apply for a Domestic Violence Restraining Order (DVRO) to avoid endangering the life of the restrained party. Since upon the expiry of a restraining order, a victim can file a renewal petition the current task is to determine whether the original DVRO of our client has expired, the burden of obtaining a renewal and available remedies if a court of law declined their request for a new order.
Expiry of the Original Domestic Violence Restraining Order
The original domestic violence restraining order has expired. A DVRO lasts for a period of five years after which the victim can apply for its renewal if he or she believes that the restrained individual can abuse, harass or threaten them upon the initial restraining order’s expiry (Ritchie v. Konrad). Since this company’s client applied for a DVRO six years ago, it has expired and should be renewed.
The Burden of Obtaining a Renewal
For an individual to obtain a renewal of DVRO, he or she must prove the case beyond a reasonable doubt. The court of law ought to grant the requested extension lest the ex-husband fights against the petition (Ritchie v. Konrad). Notably, a renewal of the restraining order can be dependent on the situations, which led to the establishment of the original order to continue to happen.
Remedy in Case the Court Denies a Renewal Petition
There are several remedies for the client if the court denies her a renewal petition and she gets a safety threat by her ex-husband. First, she can explore legal options such as appealing to a high court decision (Ritchie v. Konrad). The higher court will hear the case and make a determination. Besides, the victim may seek protection through a criminal no-contact order. The client can also contact a domestic violence resource center to get advice, support and help on ways to keep safe.
A domestic violence restraining order prevents an abuser from abusing the plaintiff like the case of our client. Since the original restraining order has expired, it should be renewed so that the client does not feel endangered. The client must prove beyond reasonable doubt that she requires the extension of the restraining order. If the court is not granting her a renewal, remedies available include seeking help from domestic violence resources.
Work Cited
“Ritchie v. Konrad, 115 Cal. App. 4th 1275 (Cal. Ct. App. 2004).”Court Listener, 2004, Web.