The stakes are high enough in family law cases that some people may be tempted to file exaggerated or even flat out false DVRO claims. The standard of proof governing DVRO cases is simply preponderance of the evidence – so 51% more likely than not. That’s a much easier standard of proof than in criminal cases, where the standard of proof is “guilty beyond a reasonable doubt.”
If you’re worried about false or exaggerated DVRO allegations, there are steps you can take to protect yourself while keeping the process fair and respectful. First, document everything from the moment the relationship goes downhill. Keep copies of text messages, emails, social media posts, and any communications that show your side of the story. If possible, gather neutral witnesses who can describe what actually happened. Good records and calm, factual evidence carry much more weight than emotional arguments in front of a judge.
If there is a temporary restraining order, follow the court’s temporary orders carefully, even if you believe they’re unfair. Violating a restraining order—no matter how wrong you think it is—can seriously hurt your credibility and even result in criminal charges. Instead, focus on preparing for your hearing. Work with an attorney or self-help center to organize your evidence and outline your testimony. The hearing is your opportunity to show the judge the full picture of your relationship, not just one person’s claims.
Finally, stay respectful and calm throughout the process. Judges see many DVRO cases and are skilled at reading behavior in the courtroom. Angry or defensive reactions can make you appear less credible, even if you’re telling the truth. By keeping your focus on facts, following court orders, and seeking legal guidance, you’ll give yourself the best chance of being heard fairly. The goal of the system is to protect safety and justice—not to punish either party unfairly—and clear, honest evidence is the best way to achieve that.
