How the Law Can Help Against Abuse

It is against the law in every state in the United States to physically hurt another person, no matter how the two are related. Every victim of domestic abuse has a right to be protected under the law. There are two kinds of courts that handle domestic violence, civil court and criminal court.

In civil court you can file for a protective order. This is a court order that prohibits violence. One of the things the court can order is that no contact occur between the victim and the abuser.

In criminal court the police may arrest anyone who commits a crime. The State Prosecutor brings criminal charges against those who commit crimes. If an abuser is convicted of a crime, among other possibilities, they can be sentenced to jail, probation, or payment of a fine.

Ask your local domestic violence program who can help you get a civil protection order and who can help you with criminal prosecution.

In most places, the judge can:

Order the abuser to stay away from you or your children .

Give you temporary custody of your children and order the abuser to pay you temporary child support .

Order the police to come to your home while the abuser picks up personal belongings.

Give you possession of the car, furniture and other belongings.

Order the abuser to go to a batterers intervention program.

Order the abuser not to call you at work.

Order the abuser to give guns to the police.

If you are worried about any of the following, make sure you:

Show the judge any pictures of your injuries.

Tell the judge that you do not feel safe if the abuser comes to your home to pick up the children to visit with them.

Ask the judge to order the abuser to pick up and return the children at the police station or some other safe place.

Ask that any visits the abuser is permitted are at very specific times so the police will know by reading the court order if the abuser is there at the wrong time.

Tell the judge if the abuser has harmed or threatened the children, ask that visits be supervised, think about who could do that for you.

Get a certified copy of the court order.

Keep the court order with you at all times.