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You do not have to tolerate physical, mental, or emotional abuse. There is help for you from law enforcement agencies, courts and domestic violence shelters.
- How do you locate a shelter to obtain protection from abuse?
- How do I obtain relief from abuse?
- What must be included in the petition?
- Are there any circumstances under which my address and whereabouts will not have to be listed in the petition??
- Will the defendant know about the court action before I receive my court order?
- What relief can the court give me?
- What is the penalty for violation of the protective order?
Each county is served by a domestic violence shelter. See other resources for the shelter serving your area.
A petition must be filed with the court.
The name, address, and county of residence of each party, the facts constituting the abuse, the relationship of the parties, request for a protective order and if the parties are married whether or not a petition for divorce is pending and a copy of said petition if available, copy of any order which has been entered in the case, if the petition requests a temporary ex parte order, a description, under oath, of the facts and circumstance concerning the abuse, and the need for an immediate protective order. Upon a hearing of the merits you must prove the allegations by a preponderance of the evidence.
If disclosure of petitioners' address would risk further abuse or would reveal the confidential address of a shelter, the address can be omitted but must be disclosed to the court orally and in chambers
The court can enter an ex parte order which is entered without advance notice to the defendant. The defendant will be served a copy of the order after it is signed. A hearing on the merits of the petition will be scheduled at that time. At the second hearing defendant will have the right to appear and defend against the allegations.
The court can grant a protective order directing the accused to refrain from the abuse, grant possession and use of the residence or household to the exclusion of the abuser by evicting the abuser and/or restoring possession to the petitioner, awarding temporary custody, support and visitation rights regarding any minor children and ordering payment for loss or expenses incurred such as medical expenses, loss wages, moving expenses, reasonable attorney fees, and ordering counseling or professional medical treatment for the abused and abuser.
The abuser can be imprisoned and ordered to pay a fine.
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