Yes, You Can Include Your Kids, But It’s Not Automatic
When you file for a DVRO, you can ask the court to protect not just yourself but also your children (or other household members). On the DVRO forms, these are called “other protected parties.”

However, the court will not automatically add your children just because you request it. You’ll need to show that protection is necessary for their safety and well-being. This may include situations where:

Your children were direct victims of abuse, whether physical, verbal, or emotional.
They witnessed incidents of abuse or threats against you.
They have shown fear or distress linked to the abuse.
There is a credible, ongoing risk of harm.

What Evidence Can Help?

You don’t need to be a lawyer or private investigator, but you do need to give the court a clear picture of why your children need protection. Useful examples include:

Specific incidents they witnessed (e.g., “My daughter was in the room when he slammed the door and threatened to kill me.”)
Statements from your child (e.g., “My son told me he hides under the bed when he hears yelling.”)
Behavior changes such as nightmares, fear of visiting the other parent, or a drop in school performance.
Reports or professional notes such as police, CPS, or therapist records. These may help for temporary orders, but you may need the author to testify at a hearing for longer-term orders.

Even if you don’t have outside documentation, your sworn written statement is powerful evidence. Just be specific, factual, and truthful.

How Does This Affect Custody and Visitation?

If your children are included in the DVRO, the court can:

Issue temporary custody orders as part of the DVRO.
Limit the other parent’s contact, sometimes to supervised visits only.
Temporarily change or suspend existing custody orders under the Temporary Restraining Order (TRO) until the DVRO hearing, which usually takes place within 21 days.

At that hearing, the judge can make longer-term custody orders that may last for the entire duration of the DVRO, up to 5 years.

Should You Include Your Children?

The court will be looking at whether your request is truly about safety, not about gaining an upper hand in a custody dispute. Protecting your kids is absolutely valid, but it’s important to show that your concerns are based on genuine safety risks.

A good approach is to:

Keep your request child-focused.
Separate your own safety concerns from your children’s in your incident list.
Provide clear facts, specific incidents, and evidence showing that they also need protection.

Can My Restraining Order Include My Kids?