March 29, 2017

Filing for a Domestic Violence Protection Order

Domestic Violence Protection Orders are free to file. You do not need to wait to be a victim of physical domestic violence to file for a protection order, but you do need to show fear of physical harm from someone with whom you have a romantic relationship or is a family member.

What is a Domestic Violence Protection Order?

A Domestic Violence Protection Order is an order of the court requiring a person to restrict their actions. Usually this requires staying away from a particular person or location. The contact restricted will depend upon the circumstances involved, but the purpose is always the same; to protect the victim from harm.

Decide what Type of Protection Order You Need:

There are two types of orders; temporary and permanent. If you are having an emergency, or fear for your safety you will need to file for an emergency order. The court may grant this temporary order, while you prepare the evidence you need to seek a more permeant order.

Gather your Forms:

All of the domestic violence forms are available online. Fill in the forms with as much information as you can provide. If you have any police reports, you will also want the incidence numbers from those events. Once you have completed the forms, you will file it with the court and request a hearing.

Service the Other Party:

Just like in the movies, you need to have someone serve the other party with the paperwork which tells them to go to court for your Domestic Violence Protection Order Hearing. You should never do this yourself, and you should select someone over the age of 18 to help you with this process. If the other party has not been properly served, the court will not grant your Domestic Violence Protection Order.

Keep the Order Active:

It is important not to let the order expire once it is in place; always find out how long the Domestic Violence Protection Order will last, and what steps you must take to continue the order well before it is set to expire.

If you are contemplating filing a Domestic Violence Protection Order for yourself or someone you love, please contact us at Elise Buie Family Law Group, PLLC for a consultation.

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