How to Obtain Protective Order for Domestic Violence

Are you the victim of domestic violence? Has your spouse or live-in partner subjected you to physical abuse or harassing verbal and emotional abuse that puts you in fear of imminent harm? If so, you may need to seek a protective order to protect you. This article will help show you how to go about doing this.

Instructions

Difficulty: Moderate

Things You’ll Need:

• List of guidelines in your state for obtaining a protective order or advice of counsel
• Yourself at the Courthouse
• Paperwork filled out and filed

How to Determine the Need for a Protective Order

1. Determine whether or not you meet the requirements to obtain a protective order.
2. Sometimes it's hard to be alone, but it's better than being abused by someone. In Maryland, there must be abuse by a current or former spouse, a parent or stepparent or stepchild, cohabitants over 90 days, a person related by blood or marriage or adoption, or a person who has a child with the other party.
3. Next, you must determine what abuse has occurred. The act must be actual physical assault, rape or other sexual offense, false imprisonment, an act causing serious bodily harm or an act/statements placing you in imminent fear of serious bodily harm.

How to Obtain the Protective Order

4. The first step is to go to the Courthouse in your local jurisdiction. This is usually the District Court, or small claims court, depending on your state.
5. If the courthouse is closed, go directly to the Commissioner's office. Fill out the paperwork. You'll get an interim protective order which lasts for about 2 days. Then, you must return for a temporary hearing, and then final protective order hearing.
6. The paperwork asks such things as what abuse occurred, what you fear may happen, and contact information for yourself and the abuser.
7. If you go to the Courthouse during business hours, you will go before the judge that day to obtain a temporary protective order. A temporary protective order lasts about 7 days. With a protective order, generally there is no filing fee.
8. At the temporary protective order hearing, the judge will look at whether there are reasonable grounds to believe that the eligible person has suffered the abuse by the other party.
9. Seven days later, you will have a final protective order hearing. The other party will have been notified of the hearing, and must show to defend his or her cause. The judge will hear from both parties and decide whether to grant the protective order. In the alternative, the respondent abuser may consent to the protective order with no finding of abuse.
10. If granted, the final protective order lasts up to 1 year. It can also then be extended an additional 6 months. Forms of relief include: ordering the defendant to stay away from the other person and not contact her/him at home or work, ordering the defendant to move out of the home, emergency family maintenance money, temporary custody and visitation of any mutual children, use and possession of the car, surrender of all firearms, counseling, and/or paying of court costs.
11. If the defendant violates the "stay away" part of the order, criminal charges may be filed, and the defendant may be arrested. Violating parts of the order may result in fines and/or imprisonment!
12. The protective order can later be rescinded or modified upon motion of the petitioner (abusee). Caution should be taken when doing this, since many abusers will act nice for awhile to get back into the abusee's life.

Tips & Warnings

• If you are involved in a violent or harassing situation, and the person requirements are not met, you can file a peace order instead. (For instance, a boyfriend who has never lived with you.)
• At the first sign of violence, get out of the situation. Things only escalate over time, and they usually do escalate after they begin.
• Some signs leading to domestic violence or abuse include: someone yelling at you, putting you down, or isolating you from family and friends (including extreme jealousy).
• To avoid having to go through three steps instead of two, show up at Court during business hours.
• Don't let non-business hours stop you if you are in fear. The interim protective order can help until the temporary hearing.
• If you are truly afraid to file the protective order and what steps to take, you might be able to go to a local organization that helps the victims of abuse. In Maryland one is the House of Ruth.
• Domestic abuse is no joke! Don't wait for things to get out of control before you deal with the situation.