Domestic Violence and Restraining Orders: Protecting Yourself and Your Family

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday April 11th, 2023.

Domestic violence is a devastating problem that impacts millions of people each year. It is an abusive pattern used by one partner to gain or maintain power and control over another person. Domestic abuse can take many forms, such as physical, emotional or sexual mistreatment. If you or someone close to you is facing domestic violence, take immediate action for yourself and your family’s safety.

One way to protect yourself from domestic violence is obtaining a restraining order. This legal document commands the abuser to stay away from their victim and refrain from contact. It may also include provisions like requiring them to live a certain distance away from their residence, workplace, or other places they frequent.

To obtain a restraining order, you must file a petition with the court. In your petition, you should describe any abuse that has taken place and why you need this measure. Additionally, evidence such as police reports, medical records or witness accounts may be needed to support your claims.

Once the petition is filed, a hearing will be scheduled where you have an opportunity to present your case directly to a judge. After reviewing all evidence, the judge makes an informed decision as to whether a restraining order should be granted. If granted, this order typically lasts between one and three years.

There are numerous advantages to obtaining a restraining order. Most importantly, it provides legal protection from the abuser and their actions. If they breach the terms of their order, they could be arrested and charged with a crime. Furthermore, having a restraining order gives victims and their families an increased sense of safety and security.

However, it’s essential to remember that a restraining order does not guarantee safety. An abuser could still violate the terms of the order or continue their abusive behavior. Thus, having a safety plan and taking other steps are paramount in protecting yourself and your family from harm.If you are struggling with domestic violence, there are numerous resources to help. The National Domestic Violence Hotline provides 24/7 support and assistance; local organizations may offer emergency shelter, counseling services, or legal representation. 
At Wickersham and Bowers, we provide expert guidance and council when it comes to domestic violence. 

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