Domestic Violence Restraining Order Statutes for Women
When it comes to domestic violence restraining order statutes for women, who may petition for an order; what protection or relief an order can provide; and how the order will be enforced are all important factors.
While state laws vary, every protective order legislated enables the court to require one or more of the following provisions:
Demand that the abuser stop harming or threatening you.
Remain away- Most states' orders may direct the abuser to stay away from you, your home, business, or school.
No contact- to forbid any communication, whether by phone, text message, note, mail, fax, email, via a third party, or delivery of flowers or presents.
Order the abuser to pay you interim child support or to continue making mortgage payments on a property you both own.
Exclusive usage- to provide you exclusive use of a property or automobile that both of you own.
Restitution entails paying you for medical expenses or property damage caused by the offender.
Relinquish firearms- Some courts may be able to compel the abuser to relinquish any weapons, rifles, or ammunition he or she has.
Treatment includes enrolling in a batterers' treatment program, submitting to frequent drug testing, and beginning alcohol or drug misuse therapy.
Custody, visitation, and child support- as part of your restraining order, many jurisdictions enable the court to make judgments concerning your children's care and safety.
Courts have the authority to order the abuser to remain away from and have no contact with your children's physicians, daycare, school, or after-school work, and many courts have the authority to make interim custody/visitation judgments.
Some restraining orders might even include child support requirements.
You may also request that the court order supervised visitation or designate a secure plan for moving the children between you and the abuser.
In most jurisdictions, the victim may request that the order be enforced by the police, the court, or both, depending on the nature of the breach.
When a victim calls the police to report a restraining order violation, the officers normally listen to the victim and examine whatever evidence he or she has. If the police believe the order has been breached, they may arrest the abuser or take further measures.
Stay away, no contact, halt abuse, exclusive usage, and perhaps custody requirements may all be enforced by the police in most cases if they need an urgent reaction.
If you are unable to contact them at the time of the violation, they should accept a report if you contact them shortly after. It may result in a misdemeanor or felony criminal conviction and penalty in certain situations.
These sorts of infractions may subsequently be handled by civil court in places that allow it, and it is typically a good idea to bring them to the court's notice.
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