Domestic Violence – Order of Protection
Domestic violence is a serious issue that affects many homes across the country. Survivors of domestic violence have legal options to protect themselves and their loved ones from their abuser. An Order of Protection allows a person to call the police and have their abuser arrested if they violate the terms set by the court. At 1-800-Family-Law we help survivors of domestic violence connect with quality family law attorneys in their area for help with filing an Order of Protection and other family law legal issues.
What is an Order of Protection?
Every state has an Order of Protection for survivors of domestic violence, although they may have different names. An experienced family law attorney will understand the type of protection order you need for your state and can help you through the process of obtaining one. An Order of Protection is a long-term order, usually one to five years that can be renewed, that protects a domestic violence survivor from further violence by their abuser by setting limits on the abuser’s behavior.
A judge can order that a domestic violence abuser abide by the following provisions for the duration of the Order of Protection:
● No Contact: prohibiting the abuser from calling, texting, emailing, stalking, attacking, or disturbing the victim or their loved ones
● Peaceful Contact: allowing only peaceful communication between abuser and victim for limited purposes like for care and visitation with a child
● Stay Away: mandating that a domestic violence abuser stay a certain number of years or feet away from the victim, their home, school, job, car, and anywhere else deemed important by the victim
● Move Out: requiring that a domestic violence abuser move out of the family home
● Firearms Removal: mandates that the abuser turn over any firearms owned, and in some states, prevents the future purchase of firearms
● Counseling: orders the abuser to attend counseling sessions like anger management or psychological therapy
Who Does an Order of Protection Protect?
An Order of Protection serves to protect the survivor of domestic violence and their loved ones. In most states, this includes children, parents, siblings, other family members, roommates, and current romantic partners. All provisions listed in the Order of Protection also apply to anyone else listed in the order, even if no threats or harm have been directed at those people by the abuser. In certain states, an Order of Protection can also apply to pets, as some domestic violence abusers harm pets as a way to harm their victims.
For domestic violence survivors going through a divorce, an Order of Protection can be incredibly beneficial to the spouse and their children. An Order of Protection can include provisions regarding child custody and visitation, and they are taken into account when making final determinations about the best interests of a child as well as the equitable distribution of property. A lawyer in your area can help you file the proper paperwork with your local court.
Contact 1-800-Family-Law Today
If you need help filing an Order of Protection against your abuser, our company is here to help put you in contact with an experienced family law attorney in your area. As soon as you feel safe to do so, call or contact us at 1-800-Family-Law for help.