Domestic Violence: Getting a Protective Order - Adventist HealthCare

Domestic Violence: Getting a Protective Order

Topic Overview

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How to get a protective order:

  • Call your local advocacy group or your local district or state attorney's office, or tell the police you want to get one. You may be able to get an emergency protective order immediately.
  • For a temporary protective order, you will probably have to see a family court judge. Tell the judge about times you have been threatened with violence or have suffered abuse. List any witnesses, including police officers, who may help your case.
  • Show the judge any evidence of physical abuse, such as photos of bruises, injuries, or damaged property.
  • Tell the judge about any prior arrests the abuser has had, or obtain the arrest reports. You may be able to get these from the police department or sheriff's office in the community where past abuse occurred.

To be eligible for a protective order, you and the other party must fit into at least one of the following categories:

  • Married, or formerly married
  • Related by blood, marriage, or adoption
  • Currently living together or must have formerly lived together
  • Currently or formerly in a dating relationship
  • The parents in common of minor children

For a protective order to work effectively, you must:

  • Inform the court of your specific safety needs, including when you are at work, those of your children, and any other particular circumstances.
  • Request custody and visitation restrictions or "no contact" orders to ensure your children's safety.
  • Call the police every time the order is violated.

If you travel to another state, check to see whether your protective order is valid in that state. Protective orders are valid across some state lines. Protective orders remain in effect until they are removed by the court, even if the victim consents to contact with the abuser.

Your local domestic violence program or a qualified attorney can help you get a protective order. You can also see the National Coalition Against Domestic Violence's website at https://ncadv.org/resources to find programs offering legal support. The National Domestic Violence Hotline at 1-800-799-SAFE (1-800-799-7233) can also provide you with contacts.

Related Information

Credits

Current as ofJune 28, 2018

Author: Healthwise Staff
Medical Review: Adam Husney, MD - Family Medicine
Kathleen Romito, MD - Family Medicine
Brigid McCaw, MD, MPH, MS, FACP - Internal Medicine

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