Domestic Violence Protection Act case (Restraining Orders only)

1. Emergency Screening: The parties go to Family Court Services and meet with a Screener. This person interviews both sides, listens to the attorneys for both sides, reviews and pertinent information (police reports, CPS reports, etc.) then makes a screening recommendation (a decision for a temporary parenting plan). Each side is entitled to a hearing before the Judge if that parent does not agree with the screening recommendation.
2. Orientation: Held from 12:00 p.m. to 1:00 p.m. on Mondays and Fridays in Department 119 (after December 7 Department 75) for English speaking clients. This class explains the mediation process, the court process, and what is expected from each parent. There is also a handbook given out to the parents that is full of useful information.
3. Mediation: The parents meet with a neutral mediator at Family Court Services to try to reach a mutually agreeable parenting plan. If the parties reach an agreement it is put in writing and sent to the parties. If no one objects within 20 days, then it goes to the judge for signature and becomes a court order. If someone objects, then another mediation session may be held. This will only be a temporary order.


There are no further steps allowed in cases that are ONLY filed under the Domestic Violence Protection Act. In order to get permanent orders another action has to be filed. The most common actions are a dissolution of marriage, legal separation, annulment, or paternity action. There are also laws that allow for determination of custody only without a divorce.

Dissolution of Marriage; Paternity cases

If there is an emergency (the child is in danger; the child has been abused/molested; or one party has recently stopped or diminished the other parent's contact with the child) then the parties start with Step 1. If there is no emergency the parties start with Step 2.


4. Emergency Screening: The parties go to Family Court Services and meet with a Screener. This person interviews both sides, listens to the attorneys for both sides, reviews and pertinent information (police reports, CPS reports, etc.) then makes a screening recommendation (a decision for a temporary parenting plan). Each side is entitled to a hearing before the Judge if that parent does not agree with the screening recommendation.
5. Orientation: Held from 12:00 p.m. to 1:00 p.m. on Mondays and Fridays in Department 119 (after December 7 Department 75) for English speaking clients. This class explains the mediation process, the court process, and what is expected from each parent. There is also a handbook given out to the parents that is full of useful information.
6. Mediation: The parents meet with a neutral mediator at Family Court Services to try to reach a mutually agreeable parenting plan. If the parties reach an agreement it is put in writing and sent to the parties. If no one objects within 20 days, then it goes to the judge for signature and becomes a court order. If someone objects, then another mediation session may be held. This will only be a temporary order.
7. Early Resolution Conference: At this stage the parties and their attorneys meet with the Judge to see if there are any agreements that can be reached regarding the parenting plan. Most judges will try to put some temporary orders in place or modify the orders currently in place if it is necessary. If the parties reach an agreement at this stage, then it becomes a permanent order.
8. Early Resolution Assessment: This stage has Family Court Services doing a limited information gathering at the Court's request, based upon the issues that the Judge wants more information to use in making a decision. The parties are interviewed, the attorney's speak with the Assessor. The Assessor may wish to obtain information from other sources. The Assessor then sends out a written recommendation. The parties have 20 days from mailing to object or it becomes a court order. The objecting party must then set a return appointment with the Assessor within 20 days of the mailing of the recommendation. If this is not done, the recommendation becomes a court order.
1. Evaluation: This is a more expensive, more in depth investigation into a case. The local rules require that the evaluation have at least the following:
2. Review of the pertinent documents, including a review of the pleadings related to custody/visitation
3. Interviews with both parents, either jointly (except in domestic violence and/or child abuse cases) or separately or both
4. Individual age-appropriate interviews and clinical observations with each child
5. Observation of the children with siblings and each parent, unless contraindicated for safety reasons
6. Collection of relevant collateral information
7. Interviews with attorneys, including any attorneys for the child(ren)
8. Separate interviews with each step-parent or other adult involved in raising the children.
The Evaluator may also do home visits, school visits, psychological testing, substance abuse testing, and review criminal, civil and DMV records. A recommended order is then sent by the Evaluator.

The parties have 20 days to object to the recommended order. A failure to object will result in it becoming a court order. If there are objections, the objecting party has an additional 20 days to hold a meeting with the Evaluator and all parties. A failure to hold the meeting within 20 days will result in the recommended order becoming a permanent custody order.
9. Trial: This is the last stage. In most cases a Settlement Conference is scheduled first as a last ditch effort to help the parties settle the case without the time and expense of a full trial. The trial is like any other civil trial. Each side gets to put on their witnesses and evidence; cross-examine the other party's witness and evidence; and make statements to the Judge why their position is the position the Judge should adopt. The orders after trial are final custody orders.