An order of protecting or restraining order can help protect victims of domestic violence and abuse, especially when they are trying to separate or divorce from a partner, according to the American Bar Association, or ABA. A judge may order an abuser to leave a place of residence, stay away from a victim and children, not make telephone contact and not possess firearms. Requirements and laws regarding protective orders vary according to state.
Legal Definition
A protective order is a formal court order made to prevent ongoing incidents of domestic of family violence, according to the Attorney General of Texas. Family violence is defined as any act or harm or violence inflicted by a family member onto another another member of the family. Protective orders are commonly requested by spouses, children, blood relatives, foster parents or domestic partners who have been victims of abuse.
Significance
The Texas attorney general notes that a protective order can prevent an abuser from continued harassment, abuse or threatening behavior. Protective orders often prohibit direct communication between an abuser and a victim or victims. Protective orders can also prohibit child visitation and require child support. In some cases, a judge will require an abuser to attend domestic violence counseling or change or vacate a place of residence. The specifics of a protective order are determined by the judge after all evidence of the abuse has been heard.
Eligibility
Restraining and protective order laws are set by states, according to Women'sLaw.org. Individuals who are planning to divorce or in the divorce process have to consult with the laws in their state of residence. Individuals who have experienced abuse or threats of abuse may be eligible to apply for a restraining order depending on the evidence required by their state. Women'sLaw.org has an extensive database that outlines the requirements for a restraining order in each state.
How to Apply
In most states, applicants for a restraining order must apply using a petition that outlines past incidents of abuse. In Maryland, for example, an applicant must provide proof, such as written police reports or medical records that substantiate an act of physical harm, sexual assault, rape or false imprisonment. In addition, petitioners may provide evidence, such as phone records or emails, that provide proof that stalking or criminal harassment has occurred.
Expert Insight: Divorce And Violence
Human Development and Family Studies experts at the University of Missouri advise that spouses who have experienced domestic violence should hire a lawyer who has specific experience with domestic violence in divorce cases. In addition, processes such as mediation and joint custody agreements that take place during the divorce process can potentially create dangerous situations for victims of violence. Attorneys and domestic violence advocates should inform the court about all incidents of violence with thorough documentation of the incidents.
