Posted on: 24 January 2017Share
A domestic violence restraining order is simply a civil court order that guarantees protection from any form of threat by any individual who is related to your by marriage or blood, any individual who is currently living with you under the same roof, or any individual with whom you have a dating relationship. This article explains how a domestic violence protection order can help you.
What is domestic violence?
For the purpose of a restraining order, domestic violence or abuse is defined as the act or attempted act of physical or psychological violence, harassment, stalking, or coercion. The following are some examples of behaviors that may qualify as domestic abuse.
- Punching, kicking, slapping, chocking, biting or otherwise physically injuring you
- Sexually abusing you or the children in your home
- Locking you in a room or closet against your will
- Forcing sexual contact on you
- Throwing objects at you
- Threatening you by destroying property
- Following you wherever you go
- Threatening to use a gun or knife against you
- Harassing text-messages or phone calls.
Advantages of a domestic violence restraining order
The restraining order will warn the abuser to stop any form of physical violence or threat towards you or the children in your home.
The order may also kick out the abuser from the home in an effort to create distance between the victim and the aggressor. This can be achieved if your family lawyer can prove that the continued presence of the abuser in the home will only lead to more physical or psychological harm for you and your kids.
Moreover, the order may also warn the abuser to stop contacting you and your kids through any form of communication medium.
You, the victim, may be given temporary custody of the children and temporary decision-making obligation as long as it's related to stopping domestic violence or preventing the kids from witnessing domestic violence. In this case, the abuser may only be allowed supervised visitation rights.
The restraining order may also order the aggressor to continue making mortgage payments or rent, utilities, insurance and any other household expenses particularly if the defendant has an existing legal obligation.
Lastly, the abuser may be barred from acquiring any ammunition or firearm for the period of the restraining order and to surrender any weapon that he or she has in his or her possession to law enforcement, private party or a certified firearms dealer.
If you are the victim of domestic violence, talk with your family lawyer about getting a restraining order.