HOW TO GET A PROTECTION ORDER
Go to the magistrate court and ask for a Domestic Violence Petition. You must initial the statements on the form which are true. Also you must describe in writing on the form what violence the abuser threatened to do or did. Also you must initial what you would like the court to do in the order.
If the magistrate grants an emergency protection order a hearing will be set within 10 days. The hearing for the final order of protection will be in Family Court in front of the Family Law Judge. At the hearing the Family Law Judge after hearing testimony may give you a final protection order which will be valid for 90 days or 180 days.
If you file for divorce before your protection orders expires a form
can be filled out which will extend the order. You must file this
form in the magistrates's office.
VIOLATIONS
If your abuser breaks the protection order:
Call the police, and go back to magistrate court to file a contempt charge.
The police can file charges of domestic assualt and domestic battery against
your abuser.
---Domestic Assualt is threatened or attempted phsyical abuse.
---Domestic Battery is actual phsyical contact.
PLANNING FOR SAFETY
How to plan for safety in case of further violence.
You do not have control over your partner's violence. However, you do have
a choice about how to respond to him/her and how to best get yourself and
your children to safety.
Plan to leave immediately if you feel in danger. Practice how to get out safely.
What doors, windows, stairwells, or fire escapes would you use?
Decide which room is the safest room in the house or apartment.
Tell a neighbor about the violence and request they call the police if they
hear suspicious noises coming from your home. Don't keep what's happening
to you a secret.
BE PREPARED
Keep the following items in a safe but easy to reach place:
- Local Police Department phone number
and the emergency number of your local domestic violence program.
- Car Keys
(or have an emergency transportation plan worked
out in advance)
-
Clothing in case you have to leave quickly
-
Copies of birth certificates, medical, and social security cards,
identification, and any other important papers for you and your children
-
Small bag with essentials, medication, change for telephone calls, address book, tooth brush, etc.
- Don't tell your abuser about your plan to leave
Personalized safty plan for the abused
A print ready page that lists steps and items to prepare in case
a speedy escape is required.