Domestic Protection

Domestic Protection can be sought to protect you, your family, your household members, friends, or new dating partner from family violence or dating violence of an alleged abuser.

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Domestic Protection

man in police custody

Family Violence & Dating Violence

Family Violence is committed by a family member or household member when they physically harm cause pain, illness, or damage to physical condition, assault, or sexually assault a family member; threat of one of these actions can also include family violence.

Violence against a victim who is not married to the abuser, a victim’s new spouse or dating partner in a similar manner would be considering Dating Violence.

Coercive tactics, or actions against a child will also constitute family violence, and the list of protections and crimes is extensive, including the child’s mental, emotional, and physical wellbeing.

Co-habitants under one roof

Emergency Protective Order (EPO)

In the event that the alleged abuser is arrested for a family violence, sexual, indecent, human trafficking, or stalking charge, a criminal court may issue an Emergency Protective Order. This usually lasts 31 – 61 days, but can last up to 91 days if the alleged abuser involved the use or display of a deadly weapon in a family violence crime. These normally require the alleged abuser to stay away from the victim’s residence, vehicle, school, or workplace.

Temporary Protective Order & Final Protective Order

If you are experiencing family violence, you may obtain short-term relief from the violence by describing the claim to the civil court; the other party does not have to be present for this immediate form of relief and this temporary form of protection lasts until a hearing for a final protective order, which is typically 20 days. At that point, a final protective order would help you stay safe. A Final Protection Order can last up to 2 years; occasionally they can last longer or be reduced in duration. After one year, the alleged abuser can ask the court to discontinue the order.

When initially reporting the family violence to the court, you need to state who committed the violence, who was the recipient of violence, when it occurred, and describe the violence itself.

Who Can Be Protected?

In addition to the victim, Protective Orders can include the victim’s:

  • Children,
  • other household members (like room mates),
  • romantic partners,
  • family and friends,
  • and pets.
friends

tuxedo cat

Pets can be Protected

If you are unwilling to leave a situation because you fear for a pet, you can also seek protection for your pets. Actions and threats can be taken inconsideration when documenting the pet’s need for protection. The court will consider if abuse to the pet is means to control the abused person through actions or threats upon the pet, service animal, or therapy animal. Harm and threats of harm can be enforced.

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What Might Domestic Violence Protective Order Include?

  • Orders can prohibit the alleged abuser from contacting the victim by any means, including, but not limited to: phone call, text, email, post mail, social media, in-person encounters, or through a 3rd party (like the alleged abuser's friend).
  • Orders can compel an alleged abuser to move out of a shared residence with the victim.
  • Orders can require the alleged abuser to stay away from the victim by a certain distance, including from the victim’s residence, vehicle, school, or workplace. This can include family members of the victim or household members of the victim.
  • Orders can compel contact with the victim to only be peaceful, in a case where a shared child is visiting the alleged abuser.
  • Orders can include restrictions such as the alleged abuser not posses or carry a firearm or ammunition, even with a license. (Full-time peace officers of the state will be allowed to keep a firearm.)
  • Orders can require the alleged abuser submit to drug testing, seek addiction treatment, or seek counseling.
  • Orders can require the alleged abuser to pay child support for a shared child.