DOMESTIC VIOLENCE occurs when there is a threat of abuse or actual abuse from someone in your family, in your home or with whom you have a close relationship.
EMERGENCY PROTECTIVE ORDERS:
A police officer responding to a domestic violence incident can call a judge 24 hours/7 days a week and ask for an emergency protective order that goes into effect immediately. This order lasts for up to 7 days and orders the person who made the threats or conducted the abuse to leave the home and stay away from you and any child(ren) for up to 7 days.
Obtaining a restraining order via the court is also an option for victims of abuse. These orders are more flexible. They can be tailored to be in effect for a week, a period of years or permanently. The activities they can cover include: orders to stop making threats or being abusive; orders to stop calling, move out, keep away from home and places of work; give up a gun; limit the time s/he spends with your children; pay certain bills; pay child support; release or return certain property; or pay some or all of your attorney fees. Law enforcement officers will enforce restraining orders.
A restraining order can:
- Order the party to stay a specified distance away from you.
- Order the party to stay away from your home, work, school, family’s home, children’s school, child care center, or baby sitter’s home.
- Order the party to move out of your home, even if his/her name is on the lease or is co-owner.
- Give you custody of your children and make visitation orders.
- Order the party to pay child support.
- Order the party not to call or write you or do so through another person.
- Divide up property.
- Order the party to reimburse you for lost earnings and/or actual expenses directly caused by violence.
To obtain a restraining order two conditions must be met:
(1) You and the other party must be one of the following: married, formerly married, related by blood/marriage/adoption, currently living together as “cohabitants”, have formerly lived together, currently have or have had a dating relationship, or be parents in common of minor children; and
(2) The other party must have caused or attempted bodily injury or sexual assault or placed you in reasonable fear of physical or emotional harm.
CONTACT OUR OFFICE TO SCHEDULE AN APPOINTMENT TO DISCUSS YOUR CASE.