Using The Law to Help You
Protection or Restraining Orders
• Safe Shelter can help you get a civil protection order and refer you to help with criminal prosecution
• Ask for help in finding a lawyer
In most places, a Judge can :
• Order the abuser to stay away from you or your children
• Order the abuser to leave your home
• Give you temporary custody of your children & 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
Criminal Proceedings :
• Show the prosecutor your court orders
• Show the prosecutor medical records about your injuries or pictures if you have them
• Tell the prosecutor the name of anyone who is helping you (a victim advocate or a lawyer)
• Tell the prosecutor about any witnesses to injuries or abuse
• Ask the prosecutor to notify you ahead of time if the abuser is getting out of jail
• BE SAFE AT THE COURTHOUSE
• Sit as far away from the abuser as you can; you don't have to look at or talk to the abuser; you don't have to talk to the abuser's family or friends if they are there
• Bring a friend or relative with you to wait until your case is heard
• Tell a bailiff or sheriff that you are afraid of the abuser and ask him/her to look out for you
• Make sure you have your court order before you leave
• Ask the judge or the sheriff to keep the abuser there for a while when court is over; leave quickly
• If you think the abuser is following you when you leave, call the police immediately
• If you have to travel to another State for work or to get away from the abuser, take your protection order with you; it is valid everywhere
For additional information on domestic violence, please visit the ABA Commission on Domestic Violence