Victims of family violence who are related to the offender by blood or marriage, currently living with the offender, have ever lived with the offender, have a child with the offender, or are or have been dating the offender are eligible to apply for protective orders.
Protective orders prohibit the offender from:
- Committing further acts of family violence
- Harassing or threatening the victim, either directly or indirectly by communicating the Threat through another person
- Going to or near the persons place of residence, or employment
- Going to or near a school or day care center if the child or children are protected under the order.
A protective order will not supersede child custody orders and is not a means of setting up child custody. If a child has not been assaulted by the offender in the offense you will not be allowed to include them in the order of protection. Child custody issues will be separate issues and need to be taken up with the court with your custody attorney at a different time.
To apply for a protective order the District Attorney’s Office has specific criteria that has to be met prior to filing a case. The criteria is a follows:
1) the assault must have occurred within the last 30 days.
2) the case must have been reported to the law enforcement agency where the crime occurred.
3) you must not be living in the same home with the respondent.
4) the respondent’s address for home or work must be discoverable.
5) you cannot be considered a party to the crime.