As stated previously, there must be an act of domestic violence in order for someone to secure a temporary restraining order. This act is, by definition, a criminal offense like harassment, simple assault, terroristic threat, etc. Unless it is a scenario involving physical signs of injury or other probable cause for the police to file a criminal charge on their own, the victim is typically asked if they wish to file an offense. No criminal offense is filed if they decline. Conversely, you will be the subject of both a criminal offense that will be litigated in criminal court and a restraining order in the Family Division of the Superior Court if police issue charges or the victim signs a criminal complaint.
Home Why do I have a criminal complaint and a domestic violence complaint?
