BATCH POOR, DOMESTIC VIOLENCE AND HELPING MEASURES.
Domestic violence affects all kinds of families and relationships. Persons of any class, culture, religion, sexual orientation, marital status, age, and sex can be victims of domestic violence.
Our state’s Domestic Violence Act was enacted to protect a broad range of domestic violence victims. It states that any action that intentionally causes bodily injury or places a person in fear of imminent bodily harm constitutes domestic violence. Domestic violence can mean physical abuse — pushing, slapping, hitting or choking. But it also includes such things as:
-Emotional abuse: Name-calling, playing mind games, put-downs.
Threats: Can be of physical or emotional harm to yourself, children and pets.
-Intimidation: Using looks, smashing things, loud voices or actions to put you in fear of what might happen.
-Isolation: Controlling where you go, what you do, who you see; driving away friends and family.
-Sexual abuse: Forcing you to do sexual acts against your will, physically attacking sexual parts of the body.
-Economic abuse: Controlling how the money is spent, preventing you from having any access to money, taking your paycheck away.
-Using the children: Making you feel guilty about your children, using custody or visitation to harass you, threatening to take your children away.
You can get a domestic violence restraining order if you have been physically or emotionally abused and if you have a domestic relationship with that person. This could apply to a spouse, a dating relationship, a live-in companion, or someone that you have been previously married to, used to date or used to live with. It can also be a relative, family member, roommate or an in-law.
If you feel that you have been the victim of domestic violence a complaint should be filed alleging specific facts of your situation and your relationship to the alleged abuser. A court may then issue an ex parte protective order to signify that a hearing was held in which one of the parties was not present. Under such an order, you can be given temporary possession of your home, personal property, temporary custody of children and pets and household possessions. It also notifies your abuser that he or she may be ordered to stay away from your place of residence, job site, childcare facilities or the school your children attend.
A return hearing is held within 10 days in which you will again testify to the specific facts of the domestic violence you are experiencing.
Your alleged abuser may also testify, along with any witnesses to your domestic situation. If, after hearing testimony from the parties and witnesses, the court finds that an act or acts of domestic violence have occurred, the court will issue a permanent protective order, typically effective for one year. The order informs your abuser to stop the abuse immediately or face serious consequences which can include jail time.
Prior to termination of the protective order, you may apply to the court for its renewal. Orders can be renewed for up to two years at a time, and there are no limits on the number of times an order can be renewed if there are valid grounds for renewal.
The court system can be scary and confusing, let us help guide you step by step through the process of obtaining a domestic violence protection order.