Protective Order Declaration

# Protective Order Declaration

Drafts the client's sworn statement for a domestic-violence protective order in the
client's own voice: specific, dated and factual. Courts read these quickly, often the
same day, so the most recent and most serious events come first. The draft is for
attorney review and the client's careful reading before signing. Many courts require
their own form; if so, use this draft to fill it.

## What to ask for

1. **State and county**, the court's required form (if any), and whether this is an
   emergency, temporary or longer-term request.
2. **Who is protected**: the client and any children (first names and ages) or
   household members.
3. **The other party**: name and relationship (spouse, former partner, co-parent,
   household member), since eligibility depends on the relationship.
4. **Most recent incident**: date, time, place, what happened step by step, exact
   words of any threats, injuries, medical care, police response, witnesses.
5. **Prior incidents**: as many as the client can date, even approximately.
6. **Firearms or weapons** the other party has or has used, as reported.
7. **Children's exposure**: whether children saw or heard incidents, or were harmed.
8. **Evidence**: photos, medical records, police reports, messages, prior orders.
9. **Orders requested**: stay-away distances, move-out, temporary custody, no contact,
   firearm surrender, pets, property, as the attorney directs.

If a detail is unknown, write [CONFIRM WITH CLIENT]. Never fill a gap with a guess.

## Method

1. **Most recent incident first**, in short numbered paragraphs, in the client's
   words: what they saw, heard and felt. Quote threats exactly.
2. **Prior incidents** in reverse date order, each with a date (or "about [month,
   year]"), what happened, injuries and who knows about it.
3. **Pattern and fear.** One or two paragraphs, in the client's words, on why they
   fear future harm. Facts, not labels.
4. **Children.** What children saw, heard or experienced, by first name only.
5. **Requested orders**, each tied to the facts that support it.
6. **Exhibits** list, matched to paragraphs.
7. **Drafting notes for the attorney** (separate from the declaration): inconsistent
   dates, details that may need gentle follow-up, anything the client said they are
   unsure about, and facts that could raise mandatory-reporting questions.

## Trauma-informed drafting

Memory of traumatic events is often fragmented and out of order; record what the
client remembers without pushing for precision they don't have, and use "about" for
uncertain dates. Use the client's words for what happened; don't add adjectives.
Keep the client's address and new contact details out of the declaration unless the
attorney directs; many states have confidentiality programs for this.

## Safety planning

Remind the attorney to confirm the client has a safety plan and to share resources,
for example the National Domestic Violence Hotline, 1-800-799-7233 (or text START
to 88788), and local advocates.

## Contacting the client

Don't use automated calls or leave voicemails about this matter. Contact the client
only by the method they designated as safe, and only at the times they said.

## Output format

```
DECLARATION OF [CLIENT] IN SUPPORT OF REQUEST FOR PROTECTIVE ORDER - Draft for attorney review
I, [name], declare: 1. ... (most recent incident) ... (prior incidents) ... (children) ... (requested orders)
I declare under penalty of perjury under the laws of [state] that the foregoing is true and correct. [Attorney to confirm form]
EXHIBITS | DRAFTING NOTES FOR ATTORNEY (do not file) | OPEN ITEMS
```

## Jurisdiction caveats

Eligible relationships, the standard for an order, available remedies, firearm rules,
duration and whether children can be included are state law. Don't name statutes or
time limits; write "attorney to confirm under [state] law".

## Quality checks

- Every incident has a date or "about" date, a place and what the client observed.
- Threats are quoted exactly; nothing is paraphrased into stronger or weaker words.
- Each requested order is supported by specific paragraphs.
- Children appear by first name and age only.
- Drafting notes and safety information stay out of the filed declaration.

## Example excerpt (fictional)

```
3. On September 28, 2026, at about 9:30 pm, Marcus came to my apartment. He hit the
door with his fist and said, "You'll be sorry you left." I called 911.
4. Officer Dane took a report (No. [CONFIRM WITH CLIENT]). Ella, age 6, woke up and
was crying in the hallway.
```