Tips For Filing A Domestic Abuse Protective Order

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A domestic abuse protective order is a powerful tool to use when you or your family feels threatened by physical violence, harassment, or intimidation. These court orders can provide the legal precedence necessary for police to arrest the offender on sight if he or she violates any of the order restrictions.

When To Consider Filing

Protective orders are a preventative measure. You can file for a protective order any time you feel threatened. The definition of domestic abuse domestic-violence

does not stop at physical violence – it can include everything from harassment to intimidation, and even destruction of property, and sometimes disruption of the peace. You can use a protective order to prevent

Of course, these court orders are not a form of physical protection. Call the police any time you feel you or anyone you know is in immediate danger. In serious situations such as these, the police will often phone in an immediate restraining order if you ask them to. Otherwise, the process can take weeks so it pays to begin filing the paperwork as soon as you can.

Orders of protection dealing with domestic violence are much stricter than ordinary restraining orders because the harassment or violence is between exes, in-laws, immediate relatives, spouses, divorcees, parents of children, current or former romantic partners, etc. You do not even have to live in the same city. If you are unsure whether your situation qualifies, contact your local district attorney or domestic abuse hotline.

Collecting The Right Documents

You will likely file your request for order of protection with the district attorney or through your own private attorney. We suggest seeking an attorney with extensive domestic violence experience. If you are seeking temporary financial support, child support, or protection/possession of personal property, we suggest hiring a lawyer with family law experience in those areas as well.

It takes extensive documentation to make a complicated protective order request official. Considering the threats involved with domestic abuse, you will want to relay this information in person so you can request that officials remove sensitive addresses and phone numbers from the records.

Make sure to include the name and current county of each applicant, and describe how each applicant came to be involved with the offender. Include the name and address of each individual listed as an offender/abuser. Include any relevant police reports. Bring a clear written description and justification of your requests (such as the retrieval of personal property, or access to the children) to ensure the report is as comprehensive as possible. Be prepared to give addresses for locations involved in the restraining order, such as a workplace or storage unit.

Be aware that every jurisdiction is different. A restraining order will often remain in effect nearly anywhere you go, but the originating jurisdiction does set the terms of the order. The petitioner has to choose between filing the petition in his or her own jurisdiction or the jurisdiction of the offender.

We suggest choosing an attorney familiar the jurisdiction handling the request – a petitioner filing in San Diego could hire a family lawyer from Oceanside since both are in the same jurisdiction, but bringing in somebody from Los Angeles County might not yield the same results because without necessitating considerable additional research on the part of the attorney.

The peace of mind is well worth the investment of your effort. Obtaining a protective order not only alerts the local authorities to your situation, but it helps to provide precedence in any future criminal and civil litigation brought against the offender. If you have trouble obtaining the protective order you need the first time, contact a domestic abuse advocate and try again.

About Author

Noah Z. is an Internet Writer that has authored several e-books and published hundreds of articles on various websites and information hubs. With more than 5 years of content writing experience, he specializes in real estate, insurance and technology topics.