What is an Order of Protection?
An Order of Protection is a legal document that is generally issued by the judge to help and protect an individual from someone that is abusing you.
What Will an Order of Protection Actually Do?
An Order of Protection that is issued by a judge which can put some limit on abuser’s physical behavior: It can limit the abuser behavior in the following ways:
- The abuser might have to leave the residence.
- The abuser is asked to stay away from your place where you are employment, your children’s school, your family and friend’s homes and other places that you frequently visit.
- The abuser may be asked not to contact you or your children. That includes letters, telephone calls, emails and leaving messages with friends and family.
- If the abusers break the order of the judge he or she will be picked up by the police and will be put behind bars for some days.
- If you want to change the order of protection you need to make an appeal in the court for the same.
- The order of protection carries high protection for the victim, which they can use in emergency.
How Do I Get an Order of Protection?
If you want to get the Order of Protection against your abusive partner you can find it in the Criminal Court or Family Court. Several courts will have an office that provides free legal services and aid to the victim of the domestic violence. The free legal services are usually provided by the attorneys and law students.
Criminal Court requires that an arrest must have been made regarding the
abuse. Many times it is easier to get an Order of Protection through Family Court. If you do go through Family Court, this does not mean that your abuser will not be brought up for charges. Family Court is also the place where issues such as custody, visitation and child support is decided.
If you decide to have an Order of Protection all you need is to obtain the petition for an Order of Protection. It is vital that you bring some identification for yourself as well as for the abuser. This normally includes abuser’s photo, abuser place of employment, driving license, address proof and other utility bills, which can help determine the abuser and its activity.
Once you have fill out the petition. Ask the questions if you do not understand what you are reading or what are the rules and regulations or the documents that you may need to give as proof. You must write all the details about the abuse that you are receiving from the abuser. If you want, you can contact a woman’s advocacy group or organization and an employee will come and help you fill out with the information. You will need to sign the petition in front of the clerk that is present at the court.
A judge will then looks at your petition and ask you certain questions about you or the abuser, if the judge feels he need too. Once the judge signs the petition, a copy will be delivered to the abuser via the local law enforcement or by normal postal services. You should also keep at least two copies of the Order of Protection for your own references.
The Order of Protection is generally valid for one year.