LEGAL INFORMATION

 

Most of the police departments have very specific guidelines in place for how they are required to respond to domestic disturbance or domestic violence calls.  Domestic disputes are some of the most dangerous situations police officers face and fall under what is sometimes referred to as the 80/20 rule: Eighty percent of the incidents involve the same twenty percent of families repeatedly.  For this reason, having these guidelines help the authorities more quickly get the 20% more quickly under control and the abusers out of action so that 80% of incidents don't occur again.

 

It is important to understand that there is a distinct line drawn between immediate physical danger and what is considered a domestic "dispute" in these situations.  If there has been a loud argument, objects thrown and a disturbance, there may be only a warning issued by the police if they can't determine that there is any immediate physical danger.  This does not mean that domestic abuse has not occurred.  The victim's partner may have verbally and/or emotionally abused the victim, but at this time, unless there has been an obvious physical threat of harm, there is little that the police can do other than warn both parties.

 

However, and this is very important, once a physical attack has taken place, the police are required to take action in most jurisdictions. The police can get an Emergency Protective Order from an on call judge if the situation warrants it.  There are several different names for a Protection From Abuse(PFA), Order of Protection or Restraining Order.  Sometimes it's called PRO (Permanent Restraining Order)

 

There are three types of Protective Orders:

Emergency Order -

These are generally Protective Orders that last between three and five days no more than a week.  These are obtained by police officers on your behalf only when they feel that you are in immediate danger.

 

Temporary Orders -

The next step requires a  pro-active approach by the victim.  In order to stay in place beyond the initial few days, the victim must file a request for a Temporary Order that will extend the Protective Order until a hearing can be scheduled.  The person requesting the Temporary Order will have to have the paper served by a process server or law enforcement officer.  As soon as the Order is served it will go in effect.  Usually it will last only until the first hearing.

 

Permanent Orders -

Permanent Orders can last up to five years but are usually much less and are revisited periodically by the court to see if they are still warranted by the situation.  This Order is put in place after an actual hearing on the facts of the case.  This is when the victim will want to have as much information and evidence as possible to show the judge, including any police reports, photographs, written records of abuse, the testimony of witnesses, etc.  A Permanent Order is for the victim but can include children also.

 

There are several other ways Protective Orders can help:

You may apply for temporary child support and/or maintenance if you fill out an income and expense form. You may request temporary sole possession of the spousal home and other property such as a car. Note: This does not hinge soley on whose name is on the mortgage or car loan.  Do not believe everything the abuser told you. Consult an attorney or legal aid advocate.  The judge can also order that your spouse pay certain debts during the time of the Protection Order.

 

The judge can require that all property be barred from sale or distribution and if your abuser damages any of your property, they may be made to compensate you for all damages.

 

Word of Caution:

Once a Protective Order is in place please do not assume you are safe.  During this time the abusers become more aggressive.  Never be without your Protective Order, and if your children are involved, be sure that their school or daycare has a copy as well.  Be sure your family, friends and employer are aware of your situation.  Your duty is to protect yourself and make sure that there is no danger to others who may be innocent bystanders.