protection orders

An orders of protection is a document put in place by a Judge to protect victims of domestic violence, sexual assault, and stalking. In  the order the Judge can set specific actions that have to be followed by both the petitioner and  respondent.  Should the order be granted the Judge can order things such as temporary child custody arrangements, child support, and housing arrangements.  

HOW DO I QUALIFY FOR AN ORDER OF PROTECTION?

• physical abuse
• threatens to physically abuse you
• attempts to cause or causes physical harm or acts which physically restrain your personal liberty ex. forcibly holding you down
• puts you in fear of immediate physical harm
• makes you reasonably afraid that s/he is going to physically hurt you in the near future
• makes you have sex or engage in sexual activity by force, threat of force or duress (pressure or coercion)

WHO CAN PETITION FOR AN ORDER OF PROTECTION?

• Husband or wife
• Ex-Husband or Ex-Wife
• Someone you live or have lived with (as if you were married)
• A parent
• An adult child (over the age of 16)
• Other adults you live with Ex. Siblings over the age of 16
• Someone with whom you have a child in common
• Someone you are dating or have dated in the past

WHO CAN PETITION FOR A SEXUAL ASSAULT ORDER OF PROTECTION?

• Victim
• District Attorney on behalf of the victim, with the victim's consent
• Any person with legal authority to act on behalf of the victim if the victim is: a minor, a vulnerable adult, or any other adult who because of age, disability, health, inaccessibility, cannot file the petition.

*IMPORTANT NOTE: You can file this order regardless of whether or not you reported the sexual assault to police. The abuser does NOT have to be arrested, charged, or convicted for you to file (and receive) an order of protection.

Stalking is when the offender sets out with the intention to harass you and commits acts that are reasonably likely to harass you.  

"Harass" means: committing repeated actions that are directed at a specific person, such as verbal or written threats, lewd or obscene statements or images, vandalism, physical contact without your consent, or other actions. The stalker must know (or should know) that these actions would cause a "reasonable person" to suffer one of the following:

• substantial emotional distress
• substantial fear for one's own safety or for the safety of another person
• substantial fear for the destruction of one's property.

Acts or "Course of Conduct" made by the offender can include:

• communicating with you in a harassing manner (or having someone else communicate with you) this can include: verbally, electronically, mechanically, by telephone, or in writing (including anonymously)
• following you
• placing you under surveillance, by waiting outside your home (unless you live together), school, workplace, vehicle, or any other place you may be. 
• committing other acts of harassment

 WHO CAN PETITION FOR A STALKING ORDER OF PROTECTION:

•  Victim
• District Attorney on behalf of the victim, with the victim's consent
• Any person with legal authority to act on behalf of the victim if the victim is: a minor, a vulnerable adult, or any other adult who because of age, disability, health, inaccessibility, cannot file the petition.

*IMPORTANT NOTE: You can file this order regardless of whether or not you reported the sexual assault to police. The abuser does NOT have to be arrested, charged, or convicted for you to file (and receive) an order of protection.