Defining Family Violence
As used in this article, the term "family violence" means the occurrence of 1 or more of the following acts between past or present spouses, persons who are parents of the same child, persons living or formally living in the same household:
Commission of offenses of battery, simple battery, simple assault, assault, criminal damage to property, unlawful restraint, or criminal trespass
The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.
Under current law, there are very few instances when a criminal warrant for arrest can be issued immediately upon the application of a private citizen without the scheduling of a formal warrant hearing.
Family Violence Protective Orders
Family Violence Protective Orders can not be granted by the Magistrate Court. These orders are signed by Superior Court Judges and must be obtained and filed by the Clerk of Superior Court. Please use the links below to obtain the appropriate forms:
Family Violence Forms