Legal Protection From Abuse
Many people worry about calling the police when they have been hurt. Victims may fear things like their partners hurting them again or police officers not believing them. If a victim used violence to protect themself from their partner, they may fear that they will get in trouble with the police. But many communities have made great progress in educating police officers and other people in the criminal justice system about domestic violence.
Many states require that police officers arrest the abuser if they believe domestic violence has occurred. In some communities, help from local victim's advocacy groups and state social services are requested at the same time. Along with these services, the law can also help you increase your safety and independence.
In many states, police officers can help you get a temporary protective order (or restraining order) at the scene of the crime. These orders usually last until a permanent protective order can be issued.
In general, protective orders require the abuser to stop harming or threatening you. The abuser has to stay away from you, your home, your workplace, or your school. They have to stop all contact with you, including calling, texting, emailing, or writing notes. You can request a protective order at any time. An abuser can be arrested for violating a protective order, which is considered contempt of court and a minor (misdemeanor) criminal offense.
Protective orders are available in all states, but each state has its own laws governing them. Many states allow you to obtain a protective order without an attorney. The court can also extend the protective order to your children and order the abuser to have no contact with them, your children's doctors, day care, or school.
Keep your protective order with you at all times, and keep a copy in a safe place. If you travel to another state, check to see if your protective order is valid in that state. Some states enforce protective orders from other states, but many do not.
At work, tell your supervisor and the human resources manager about your situation. Discuss scheduling options and other safety precautions to provide for your well-being. Give a recent photo of the abuser to your human resources manager and, if possible, ask to prohibit the abuser's access to your workplace. Tell human resources if there is a current restraining order in place.
Protective orders may not automatically prevent abuse. But they can help create a safer situation for you. Abuse victims who get permanent protective court orders are less likely to be physically or psychologically abused than those who do not get permanent protective orders.
Contact your local domestic violence group, legal aid society, or family court for help. See the National Coalition Against Domestic Violence's website at https://ncadv.org/resources to find programs that offer shelter and legal support. Also, the National Domestic Violence Hotline 1-800-799-SAFE (1-800-799-7233) can provide you with contacts.
The court may also award temporary custody of children to you, along with child support, spousal support, and use of the home and car along with the protective order. The court may be able to order the abuser to pay your legal costs and fees. As a victim of a crime, you may also be eligible for additional financial support from the court.
Many states require that abusers attend abuser intervention programs. These programs try to make abusers accountable for their behavior and educate them about healthy alternatives to their abuse. Most experts believe that these programs are most effective when the abuser recognizes that their behavior is abusive, and wants to change.
Learn more
- Domestic Violence: Getting a Protective Order