Why Orders Of Protection Can Be Helpful

While an Order of Protection cannot guarantee your safety, it can help in several ways:

Police are likely to take your calls more seriously if you have an Order of Protection.

An abuser can be arrested and put in jail if he violates an Order of Protection.

If an abuser is convicted of violating an Order of Protection and has violated one in the past, even against a different victim, he can be charged with Criminal Contempt in the First Degree, a felony.

If an abuser violates an Order of Protection by causing physical injury or property damage over $250, ABUSER can be charged with a felony.

If you have left your home, an Order of Protection can make it easier for you to get the police to go with you to get your personal belongings;

If you are being stalked or harassed at work, an Order of Protection can protect you at your job.

Specifically, both Criminal and Family Court Orders of Protection can:

Direct the abuser to stop the abusive behavior toward both you and your children;

Tell the abuser to leave and stay away from your home, your job, and your family;

Direct the abuser to have no contact with you meaning no phone calls, letters or messages through other people;

Order the abuser to stay away from the children, their baby-sitter, day care or schools.

Orders of Protection can be helpful, but Unfortunitly do not guarantee that your partner will stop being violent.

Some abusers choose not to obey them and they have to be enforced.

You may have to call police for help and you may have to go back to court.

This should not discourage you from using the law to help make you safe. Know your rights.

You are the best judge of whether gaffing an Order of Protection will be helpful in your situation.

Members of battered women's support groups and domestic violence advocates can help you decide whether gaffing an Order of Protection is a good strategy for you.

Your local domestic violence program can also provide help and information if you need assistance in getting an Order of Protection or in having an existing Order enforced.

Specifically, the Protection Order can:

· Order the respondent to stop doing violent acts.

· Order the respondent not to come to your home.

· Order the respondent to stop contacting you, or harassing you on the street, by mail, on the phone, at school or at work.

· Say who your children can live with for now and when the respondent can visit them.

· Order the respondent to get treatment or counseling (this typically happens as a condition of visitation with your children).

Do you have to be married, dating, or have children together?"

No. The Protection Order covers a range of different relationships, including:

· Husband, wife or partner (present or past).

· Father or mother of your children.

· Adults related by blood or marriage.

· Adults who live together now, or used to live together.

· People 16 years and older who are, or were, dating.

· Parents and children, including in-laws and stepfamilies.

Where do I get a protection order?

You can request a temporary Protection Order at your nearest court (Superior Court, District Court or Municipal Court). The temporary Order lasts two weeks. After that, you will return to court and appear before a judge who decides whether or not the court can grant a full Protection Order that lasts for a year or longer.

How much does it cost?

There is no cost for filing for a Protection Order. You will be given the number of extra copies that you need.

Do I have to give my address?

Yes, the forms will ask for your address. However, if you are worried about giving out your address, check the "confidential" boxes in the paperwork. Additionally, there is another form that asks you to provide your address that will go to the police for service on the respondent. This form is called the "Law Enforcement Information" sheet. Please talk with an Advocate about writing your address on this form.

How long does the Protection Order last?

The temporary Protection Order is good for up to two weeks. The full Protection Order is in force for a year or more.

How To Get A Protection Order?

Go to your local Magistraits office, tell them you want a protective order placed, on "whoever" They will ask why, You tell them EVERYTHING!

they will give you a long form to fill out , fill it out completely, do not leave anything out!, be honest with them and yourself, they can help you!

Once you have filled it out, give it back to them, and they will most likely ask again about what has been going on, they did me.. and they were mad that I didn't come forward sooner, anyway, they will have the abuser removed from your house, (if he lives with you) within 2 days, (at most) and you will have to return for a hearing, usualy the abuser does not show up (mine didn't)

Depending on the state county ect.. they will determin, child support payment, visitation if any (none for my abuser) and they will place in effect a protection order against your abuser.

NOTE:

If children are involved I highly sugest you contact the C.P.S. (Child Protection Service) They can interview your children, and you, and they themselves will take leagle action against the abuser.

DON"T BE AFFRAID! they are there to help you and your children!

If You are married, I sugest you file for a divorce durring this time, and do it fast, the protection order will stay in effect durring all procedures, untill you are divorced, and a parenting plan is in effect. (you will do this through your laywer - *they do have Pro Bono layers to help you as well!*)

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