HOW TO DRAFT DV-130 RESTRAINING ORDER AFTER 2025

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Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
Often, the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a powerful factor for the Judge.
Examples: He hit me on the right side of my body, and I had several bruises on my ribcage. or She threw a large glass aiming for my head, but I ducked and it missed me. Tip: Be as specific as possible about what the abuser did, the body part targeted, and any injuries.
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.

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In the first paragraph tell about the most recent incident (provide the date) of violence. Be specific, including how you were hurt and what the injuries were. Use verbs!

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