Restraining Order Challenge #2.
“Challenge the Prior History of Domestic Violence”
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The second element required to pass a restraining order is a “prior history of domestic violence”. Proving at least one single instance is necessary, but it’s not enough to issue a restraining order. There needs to be an established past record of such incidences occurring. This is typically proven by pulling up past arrest reports, showing complaints that have been filed, referencing calls made to the police reporting such issues, or testimony from witnesses.
Again, witness credibility comes into play, and either the complaining party can prove their case or not. If a prior history of abuse has taken place, there certainly should be a record of it, and if there isn’t, it’s going to be hard to prove in the courtroom.