A Restraining Order is a Useful Safety Tool in Domestic Violence
Protection orders, sometimes referred to as restraining orders and injunctions, are available to those experiencing domestic violence as one safety tool. A protection order forbids and attempts to restrain a perpetrator from contacting you, threatening you, entering your property, going to your place of employment, residence or any other place known to be frequented by you.
There are different ways in which these orders can be obtained. For instance, a victim of domestic violence can request a protection order from civil court for free, even if there has never been a criminal charge against the abuser. Usually in order to qualify for a domestic violence protection order, the person you wish to have restrained must have engaged in some of the following behaviors: harassment, stalking, physical violence or threats of physical violence.
Other ways that protection orders come into play are in criminal court, where some felony charges carry with them a mandatory restraining order. Misdemeanor criminal charges may give the victim/witness the option of requesting a no contact order, which could be made a condition of bond or probation.
A protective order can sometimes be issued by a police officer, in addition to a court, often at the site of the domestic violence situation. “An officer will take a statement from the victim and phones the on-call judge to give them the statement. The judge decides to approve the protective order or not.”
Understand Order of Protection Laws in Your State
Laws vary from state to state, and it is important to understand how your jurisdiction operates. There is a handy drop-down menu at womenslaw.org that lists each state and its relevant laws. An example of an Order of Protection form can be viewed here. Help securing protection orders can be obtained through many domestic violence programs. Use the advanced search function on domesticshelters.org to find more information on this topic. Both of these sites contain a wealth of information for anyone in an abusive relationship.
If you find yourself in a dangerous situation with your abuser and need to call the police. You can help them before they arrive by giving the dispatcher the following information.
- Past criminal record
- History of restraining orders (active or expired)
- Access to weapons
- Made specific threats of violence (including suicide)
- Been violent to you or your children in the past
Find an Advocate at Your Local Domestic Violence Program
An advocate from a domestic violence program can assess if requesting an order is right for your specific circumstances, as well as provide emotional support and information on how to obtain the protection order. Your advocate can also assist you in developing a more comprehensive safety plan and might be able to accompany you to court. Ask your advocate if she can make arrangements with the court’s security for an escort while in court and other areas around the court.
As stated previously in this blog post, you can find many of the needed court forms at womenslaw.org or domesticshelters.org, which will help you understand what informationto to begin assembling. You should also have your photo ID, as well as a description and the license plate number of the abuser’s car, and information about his or her history of drugs and gun ownership. When it comes time to provide your own information, give a safe mailing address and phone number, preferably one that your abuser does not know. If you’re staying at a shelter, ask if they have a P.O. Box that you can use.