Protective Orders
LEGAL REQUIREMENTS - Who qualifies for a Pro SE protective order?
RELATIONSHIP
You must show that you and the abuser meet ONE of the following:
- Presently married, even if you are not living together
- Divorced or separated, whether or not living together
- Living together in an intimate relationship with the abuser at the time of the abuse. (The legal word is cohabitation.)
- Living together and related by blood, (such as adult siblings) or by affinity (such as adoption or marriage).
- You and the abuser are parents of the same child who is under 18 years of age.
- You and the abuser lived together at some time during the past year and were in an intimate relationship.
- You and the abuser lived together at some time during the past year and were related by blood or affinity.
ABUSE AND PRESENT THREAT OF HARM
You must show that an assault, as defined by law, has occurred. Assault means ONE of the following must have happened:
- Someone physically abused you; OR
- Someone pointed a gun at you or displayed a dangerous weapon (such as a knife) toward you in a threatening manner; OR
- Someone threatened you with physical contact which would cause pain or injury, AND the threat put you in fear, AND the threat could be carried out immediately.
WHAT KIND OF PROTECTIVE ORDERS ARE THERE?
TEMPORARY:
This order is issued the same day that the petition is filed and is good up to the time of the hearing.
PERMANENT:
This order is issued at the end of the hearing and is good for up to one year.
WHAT ARE MY OTHER OPTIONS?
SAFETY PLAN:
This option must be pursued no matter what other options you choose. There is no guarantee that the abuser will obey the protective order. A Safety Plan example is found on this website. Our staff will gladly help you with any and all questions.
MOVE:
You can move to a shelter or other safe place.
CRIMINAL CHARGES
Victims of domestic assault can file criminal charges. The process is long and drawn out and can be both physically and emotionally draining. However, filing criminal charges shows the civil court that you are serious, shows the court that you are a victim of a violent crime, and assists you in getting compensatory (money) damage for being the victim of a violent crime. To file criminal charges you must go to your county attorney's office and make a written statement under oath that public offense has been committed. At this time you can ask the judge to order "no contact" while the case is pending.
CRIME VICTIM COMPENSATION
This program provides money damages to victims of violent crimes. To qualify you must report the crime to police within 72 hours of occurrence or within 72 hours of the time a report could reasonably have been made. You must file a claim with the Department of Justice usually within 180 days after date of crime.
If you or someone you love has suffered personal injury from violent crime, you may be eligible for help, including compensation for:
- Medical Care
- Lost Wages
- Loss of Support for Dependents
- Counseling
- Funeral Expenses
