An Order of Protection Can Help Keep You and Your Family Safe
According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 women and 1 in 4 men have experienced violence from an intimate partner. (1) If you have also experienced domestic violence then you need to get to safety without delay, and one of the best ways to ensure your security is by connecting with a lawyer.
Anyone who feels they are in danger of being hurt by a family member can seek a restraining order for legal protection against the abuser. A family attorney can inform you if your case qualifies you to seek a restraining order — or Order of Protection. This court paper instructs your abuser to stay away from harming you and can give you the legal support you need to intimate your abuser and stop them from their harmful actions. If the abuser does not follow the limits outlined in the restraining order, they will have to face legal penalties.
It is important to keep in mind that there are various forms of legal protection you can seek based on your case. A restraining order is ordered by a family court judge, whereas a protective order is ordered by a criminal court judge and requires that the abuser be arrested first.
Who Does an Order of Protection Defend Against?
An order of protection is used in domestic family cases.
You may be able to obtain an order of protection against:
- Your spouse or ex-partner
- Your parent
- Your child
- Your relative
- The father of your child
If your abuser is not directly related to you in the above ways, then you will likely have to call the police and file and pursue a criminal case. Outside abusers are not handled under the umbrella of family law. The restraining order instructs your abuser to refrain from harming you in any away, and can also lead to Orders of Maintenance. An Order of Maintenance instructs the abuser to return belongings, pay the rent, keep utilities running, and to provide financial support for the children.
How Can I Obtain a Restraining Order?
Just like in any other legal situation, the best step to take is to get in touch with a qualified attorney. When you inform a lawyer of your current situation, they will help you pursue the best legal route for your case. When applying for a restraining order, your lawyer will fill out all the relevant forms with the necessary information included.
The court forms you have to fill out include:
- Application of relief from abuse
- Affidavit of relief from abuse
- Request for nondisclosure of location information
- Restraining order service respondent profile
- Affidavit concerning children
Every case is different, and a lawyer should be connected with you to better understand the legal process you need to follow and the exact form required for your case.
Once the papers are filed with the court and served to the other party, you will have to appear for a court hearing. Your lawyer will be able to help you prepare the required evidence to be presented during this critical session.
What Happens if a Restraining Order is Violated?
Once the agreement is issued by the judge, the abuser is legally bound to it. If they violate any of the clauses and you fear you are in danger, you should call the police right away. You can also ask the court to give out a punishment for the violation by filing a Motion for Contempt.
Protect Yourself and Your Family with the Help of an Experienced Family Lawyer in CT Today
It is never easy to live with an abusive individual. If one of your family members is abusing you or your children you should connect with a qualified lawyer right away and secure your safety and the safety of your family.
Call experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get help with filing for an Order of Protection.
Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible