Can I get a legal order to keep my abuser away from me? is a common question for victims of domestic violence. It is important to understand that a PPO can help you protect yourself, but you may also need other relief to protect yourself. Emergency monetary relief and a court order prohibiting the abuser from owning firearms are just a few of the options.
A protective order is issued by a court based on the abuser’s behavior toward the victim. It can be issued against a current or former spouse, boyfriend or girlfriend, domestic partner, or even a co-parent. If you’re seeking a restraining order for sexual assault, you may need to provide evidence of abuse. If you have children, you can also ask the court to issue a restraining order to prevent your abuser from contacting them.
TRO petitions are filed in district or county court. Many courts have online information and forms you can download. Visit the court’s website to learn more about this process. If you have questions, you can also visit the court clerk’s office. The clerk’s office can help you get the forms you need and answer any questions about the process. In some cases, there are self-help centers where you can obtain forms for free.
The process can be confusing. While police officers can enforce restraining orders, courts are more likely to enforce them. The police may arrest your abuser if they believe it was a violation. If they find that your abuser violated the restraining order, the court may punish them with jail time and a fine. But even if you’re lucky enough to find a volunteer lawyer, you may want to find legal help to handle this matter.
The process of getting a legal order to protect yourself from an abuser starts with a petition. It must be filed with the court clerk. You may choose to have an advocate guide you through the process. A judge will then listen to your case and issue a temporary order. If the order is approved, you will need to serve the abuser with the order, which is mailed via first-class mail.
If your abuser refuses to comply with your PFA, you can file it in the court of common pleas. Most Family Divisions allow you to file the PFA pro se. You can also file the PFA through an attorney or through a local legal services office. Once the court receives your PFA, a temporary order will be issued and a final hearing will be set within 10 days. Your abuser can either consent to the PFA or request a full hearing.
A judge must write down the reasons for issuing the restraining order, and he or she must identify the primary aggressor in the case. The abusive person may lie about the abuse to get a criminal case filed against them. It is very important that the victim receive a copy of the judge’s findings before deciding whether to appeal the restraining order.
