Despite the above issues, victims of domestic violence should at least consider getting a protective order, says Susan Keilitz , JD, Principal Court Research Consultant at the National Center for State Courts and an expert on civil protection orders. Several studies have found that despite the aforementioned issues, protective orders are effective. Keilitz agrees that getting a civil or criminal protective order can be empowering for the victim, increasing their agency.
And protective orders may give victims access to other kinds of relief, such as economic relief or compensation for property damage. One of the benefits of having a protective order is that a violation of such an order is a crime in and of itself, separate from any other related charges. In fact, in some states, the police are required to arrest the violators of protective orders. For example, after Stephanie Goodloe got an emergency protective order against her ex-boyfriend, she notified the police that he was violating the order by calling her from multiple phone numbers and showing up at her home.
She later called the police again to report more violations, saying he had called her at work and told her she should leave DC because he would send people to hurt her. The next day, Goodloe was killed. Some government officials are trying to improve efforts to enforce protective orders and adequately protect those who hold them.
One tool some states and jurisdictions have embraced is the use of GPS monitoring of the targets of protective orders. For instance, the Memphis Police Department has launched a three-year pilot program in which GPS ankle bracelets are being used to track the offenders in domestic violence cases.
But the company monitoring his whereabouts never notified the court that he was in an exclusionary zone and thus in violation of the protective order. The court recently terminated its contract with that company. She believes it should be reserved for the riskiest, most dangerous cases because it can be overkill. There are things that the victims of domestic violence can do themselves, however, to increase the effectiveness of protective orders and ensure their own safety. Give them a copy of the order and carry a copy on you at all times.
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Sponsored content. If you cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an attorney represent you at the hearing, but it is not required. You do not have to disclose your current residential address.
You may have gone to a safe place that is not known to your abuser. If so, you may want to use a so-called "contact address"— that is, an address other than where you are actually staying.
If you decide to do this for your safety, you also are agreeing to allow your abuser to serve his or her court papers on you at that address. You must check for court papers at that address regularly so long as you list that address with the court since it is the address where your abuser must send copies of anything he or she files.
If you miss a court deadline because you have not checked for court papers at that location, the other person will win whatever he or she was asking for in the papers delivered to that address. The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way. The judge may decide not to change the order even if both sides agree that they want the same changes.
At the hearing, you must prove that you have been abused and that you are in danger of further abuse. Some judges will ask you to present your case first, and other judges will ask the other side to present their case first.
Either way, be prepared. You should be ready to give your own testimony, call your witnesses for in-person testimony and give the judge any evidence you have such as photos of your injuries.
Your witnesses may also be questioned by the other side. If you are worried about your safety, you may ask for a sheriff's deputy to be present in the courtroom. The respondent must request the hearing within 30 days of being served, and the hearing must be held within 21 days after the court receives the request for hearing. If temporary child custody is an issue, the hearing must be held within 5 days after the request.
In addition, if there are exceptional circumstances that would affect custody, either party can request that the hearing take place within 14 days. You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court.
If found guilty of contempt, the respondent can be fined, placed on probation, or put in jail. It is best that you carry a copy of the restraining order with you at all times and that you not contact the other party.
A restraining order does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help. After being processed at the jail, the abuser could be released without posting bail if he or she appears likely to reappear in court. A condition of the release will probably be that the abuser does not have any contact with you.
Otherwise, the abuser will be held in jail until 10 percent of the bail is paid, or until the bail is lowered in a court proceeding, or until a hearing has been held on whether or not the restraining order has been violated.
Other possible punishments could be a warning, probation, a suspended sentence or a sentence of less than the maximum. Your local district attorney is required to represent your interests at the contempt hearing if you cannot afford to hire your own attorney. You must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. Step 4: Service of process Step 5: The hearing After the hearing If I disagree with the judge's decision to issue a protective order against me, can I appeal?
Can the abuser have a gun? What should I do when I leave the courthouse? The judge denied me a protective order. What can I do? What can I do if the abuser violates the order? How do I change or extend the restraining order? What happens if I move? How do I know if my protective order is good under federal law? I have a temporary ex parte order. Can it be enforced in another state? Getting your Mississippi protective order enforced in another state How do I get my protective order enforced in another state?
Do I need anything special to get my protective order enforced in another state? Can I get someone to help me?
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