How to Get an Emergency Protective Order
In most every state, emergency protective orders are free to victims of domestic violence and fairly easy to obtain. Each state has its own rules and procedures, but the basic process is generally the same. If you need assistance, you can speak with an attorney or domestic violence advocate.
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Things You'll Need
- The abuser' s full name
- The abuser' s birth date or Social Security number
- A valid, reliable address for the accused. The address can be a home or work address
Instructions
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Obtain a protective order request from your local court clerk or from the police station in your county. Some domestic violence programs also keep paperwork on hand for their clients. If you need help filling out the paperwork, ask. Some courts have advocates on hand to assist. If you can find no one to help, call the National Domestic Violence hotline to be connected to your local advocacy program. The number is 800 799-SAFE.
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Fill out the protective order request form fully. Most judges want dates of incidents. If you don't know the dates of all past incidents, get as close as possible by writing the month and year of the abuse. Judges are also looking for incidents where you felt in danger from this person, were threatened or physically harmed.
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Keep your protective order narrative clear and concise -- just the facts are needed for the court. You may feel very emotional, but try not to let it drown out what the judge needs to know about your case and why you need this order.
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Take a notebook with you to write down what the clerk says. You may have to go to several different offices in the court and the police station. Write it down so that you can keep it straight. Also bring a current address for the abuser; this is needed so that the order can be served. Make a list of physical characteristics of the abuser including tattoos, height and weight, eye and hair color, and so on.
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Keep the temporary order with you at all times. If the abuser breaks the order, call the police immediately. Do not call or visit the perpetrator on your own terms, as this may invalidate the order or cause you to be arrested.
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Take a support person with you to your court date. It can be nerve-wracking to face an abuser in court. Don't be afraid to let the court staff know if the abuser attempts to intimidate you; they are on hand to help.
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Give the facts to the judge as clearly as you can. The judge may want to know only the most recent incident or she may want to know a history, starting with the first incident of domestic battery you can remember. After the protective order has been granted, you may ask the court for an escort to your car if you are concerned for your safety.
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Pay attention to the expiration date. It may be three years down the road, but you may want to have it extended at that time. Realize that a protective order is important, but safety and awareness is still key. If the harassment continues, go back to the court so that the perpetrator can be held in contempt or arrested.
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Tips & Warnings
If you need support call 1-800-799-SAFE to find your local Domestic Violence program.
Always check with your local court for specifics on Protective orders in your area, your local Domestic Violence program can help you with this and make sure that your case is given the utmost attention.
