Domestic Violence and Family Law

If you or anyone you know is facing domestic violence, there is help. There are legal steps to help pull yourself out of trouble.

There are three types of protection and restraining orders that must be addressed.

 

Emergency Protection Orders

This is a short-term protection order that is typically issued by the police or magistrate when an abuser is arrested for domestic violence.

There is a limited time period, 3-7 days, to buy the survivor time to request a longer-term protection order.

Normally this is the best option when you cant petition a court right away or if harm is imminent.

 

Domestic Violence Temporary Restraining Orders

This is a court order that is used to protect a person from physical, mental, verbal and other forms of abuse.

Civil order usually lasts up to three weeks, a temporary restraining order can extend up to 1-3 years.

This emergency order is issued before any party has the opportunity for a formal hearing. This stays effective until a hearing is held.

 

Domestic Violence Protection Orders

This order typically lasts for 1-5 years, and in extreme circumstances, up to a lifetime. These orders can be renewed and have different provisions which include:

No contact provision: prohibits the abuser from physical contact and verbal communication with the victim (calls, text, emails, stalking, attacking and hitting).

Stay Away Provision: abuser stays a certain number of yards away from victim.

Move Out Provision: abuser moves out of home shared with victim

Firearms Provision: Federal law prohibits the purchase and possession of firearms by those convicted of a misdemeanor crime of domestic violence, and those who are subject to a certain domestic violence protective order.

The procedural requirements are best handled by an experienced attorney. This is not intended to be legal advice. Please contact a professional for further info.


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