Domestic violence is a serious problem affecting millions of men, women and children. While every state has slightly different laws legally constituting domestic violence, generally it can be said to be an instance of violence, physical or non-physical, against a person with whom one has had an intimate relationship.
Most people are aware of what physical domestic violence is- hitting, kicking, punching, hair-pulling, pushing, shoving, slapping and the like. Non-physical examples can include such things as telephone harassment or stalking. In some states, other crimes committed with the intent to harass, annoy or alarm a previous partner can also be charged as acts of domestic violence.
No one, whether male or female, deserves to be the recipient of such abuse. However, many people silently suffer, either unaware of what they can do to get away from the abuser or too afraid to leave the situation due to threats by the person if that were to happen. An option for some legal protection in these situations can come in the form of a restraining order.
While the process for obtaining a restraining order differs from state to state, all states do have a procedure through which a victim of domestic violence can seek one. Although it may be daunting or scary to think about obtaining one, people who are victimized should strongly consider it.
In most cases, domestic violence restraining orders are free and do not require filing fees. It is important to gather any documentation or evidence to attach to the filed petition.
Benefits of a Restraining Order for Victims of Domestic Violence
Although the popular media tries to convince people that restraining orders are ineffective at best, they do provide some valuable protections. First, when a judge issues an emergency protection order, it goes into effect as soon as the other person is served with notice. Notice can be provided by using the civil service division of a local Sheriff’s department. The temporary order will remain in effect until the permanent hearing, granting some immediate relief to the victim.
We talked with the experts at Griffith, Young & Lass, APC who explained, “When a person has a domestic violence restraining order issued against him or her, they are court-ordered to have absolutely no contact (directly or through other parties) with the victim. In other words, they are not allowed to come by your home or workplace, approach you in public, call you, to send you messages on Facebook or to send a messenger to deliver information to you.” All would constitute violations of the restraining order.
Additionally, subjects of domestic violence restraining orders may be required to complete a course in anger management and domestic violence by the court. The classes can help the perpetrator understand and possibly change his or her behavior.
People who obtain restraining orders can have the person restrained removed from a shared home and can stay in a property even if both are co-owners, regardless of joint ownership. All states allow an order to prevent a restrained person from approaching within at least 100 yards where the victim is likely to be found, including workplaces and homes.
Restrained persons are also federally prohibited from possessing firearms, removing a significant potential danger. Under federal law, a violation can lead to hefty felony prison time for a firearms domestic violence offender.
Of course, restraining orders are only helpful as long as violations or attempted violations are reported to law enforcement. All fifty states do allow for punishment for violation of domestic violence restraining orders, ranging from contempt of court proceedings, to misdemeanor charges and even to felony offenses.
If you are the victim of domestic violence, do not hesitate to get a restraining order. By doing so, if you have previously not reported the crimes committed against you, you are notifying the court and law enforcement that there is a problem and that you do require help. Let them provide it to you. No one deserves abuse.
