Domestic Violence or Domestic Abuse.
If you are in immediate physical danger, take your children, assuming your child is not the perpetrator, and find safety with friends, family, or a shelter first. Once you are safe, then seek the Court’s help.
Orders for Protection are available to victims of domestic violence. Domestic violence can be violence between married couples, parents and children, children and unrelated parties living in the same household and between people who have a significant relationship, such as people with children in common. Orders for Protection can require the perpetrator not to have contact with the victim and can require an abusive party to move. They can grant temporary custody and set visitation, require temporary child support to be paid, require temporary maintenance to be paid, and order restitution for damage done by the perpetrator. When orders for protection are issued, it affects the perpetrator’s rights to own firearms. When orders for protection are issued, it results in arrest of the perpetrator if the perpetrator violates the order. In cases of criminal domestic assault there can also be a no contact order in the criminal case brought by the City or County prosecutor in the criminal court. This is separate from an order for protection which is conducted in civil court.
An initial Order For Protection can be issued without the perpetrator being present in court. This is known as an Ex-parte Order. The victim can go to the courthouse and petition for such an initial order without an attorney. After the initial order is issued, there is a hearing that either party can request with both parties present in court, which occurs between five (5) and seven (7) days later. The courtrooms used for these hearings are more secure than most, so it is a safe place for both parties. You should bring witnesses with you to that first hearing as in many courts the evidentiary hearing is held at that time to see if the final order should be issued and for how long it should be in place. If the Respondent refuses to admit committing the domestic violence, the court will hold an evidentiary hearing. Unless the Respondent has also petitioned for an order for protection, the Respondent is not entitled to one by order of the court. It may be possible for you to agree to one that is mutual being issued. It is at this point where petitioners frequently need an attorney to assist them, although advocates are often available in some counties. These advocates have experience in obtaining orders for protection. Advocates are not licensed attorneys, but are very experienced in obtaining orders for protection and in most cases can help you for much less than what an attorney would cost if you are the victim. If you are the Respondent, there are no advocates and you must hire an attorney if you want someone to help you protect your rights. Even if you could do it yourself when there was no crisis, once you are in a crisis like this, you are less effective and an attorney is useful to help you deal with the legal system. You can deal with all of the other stresses, the attorney can guide you through the Court aspects as you deal with the relational issues.
Advocates serve a purpose in the process different from that of an attorney. They are a source of referrals to other government services, can serve as a support person while you are in court and the attorney is arguing the case to the judge and they are often more available and accessible than attorneys for discussions on relationship dynamics. If you hire an attorney, or use an advocate, or both, you must still help gather necessary information and witnesses.
Violations of Orders for Protection can occur by the protected party inviting the restrained party to contact them or come over or the like. Such violations are still treated as violations so if you have an order for protection against you follow the letter of it and resist any efforts of the other person to entice you into a violation. Orders for protection generally expire in one year or on such date as stated in the order. Before they expire they can be amended by motion to the court. Some courts may be reluctant to issue another order for protection if the party requesting one has dismissed a previous order for protection against the same perpetrator, so if you are considering dismissing or revising one keep that in mind. Regardless, if you are in danger and in need of an Order for Protection, seek one anyway.
Harassment Restraining Orders. Parties who are not related and/or who do not have the necessary significant relationship required for an Order For Protection, may still seek a Harassment Restraining Order against someone for repeated unwanted communication or other harassing conduct. Many of these actions are started by a trip to the courthouse and filing without an attorney. Often, if it becomes contested, it is helpful to have an attorney to be sure the proof you present is the best you have, and that is enough to win. Anyone can apply, but winning is much more difficult. If you are accused of harassing someone it is helpful to have an attorney to be sure the other side produces the proof and has facts that entitle them to an order at all.