DOMESTIC VIOLENCE TYPES OF ORDERS
THE SOCIAL CONTACT ORDER OF PROTECTION
This
is the simplest of the three orders of protection. It allows the plaintiff and
defendant to be together, if they choose, but prohibits the defendant from
committing any of the seven forms of abuse:
- Violence
- Threats of violence
- Malicious destruction of property
- Holding against the will
- Placing in fear
- Stalking
- Sexual Assault
THE NO CONTACT ORDER OF PROTECTION
The no contact
order of protection prohibits the seven forms of abuse
above, and also prohibits the defendant from coming about the plaintiff (coming
within eyeshot of the plaintiff, where ever she/he may be). That means at home,
at work, on the public streets, or anywhere else. It prohibits driving by the
plaintiff's home, her/his job site, or any place where she/he
is.
Exchange of children is done by the agent of the receiving parent, or
one parent takes children to school/daycare and other parent picks the children
up at the end of school day.
"THE CHINESE WALL" ORDER OF
PROTECTION
This order of protection is the same as the no contact
order of protection, but additionally prohibits all forms of communication from
the defendant to the plaintiff. No telephone calls, mail, fax, pager messages,
e-mail, or messages sent through third persons. Of course, messages via
attorney-to-attorney contact are acceptable.
Exchange of children is
done by the agent of the receiving parent, or one parent takes children to
school/daycare and other parent picks children up at end of school day.
ORDERS OF PROTECTION CRITERIA
RELATIONSHIP
• CURRENT OR FORMER SPOUSES
• RELATED BY BLOOD OR ADOPTION
• CURRENTLY OR FORMERLY RELATED BY MARRIAGE
• CURRENTLY OR FORMERLY LIVED TOGETHER
• CURRENTLY OR FORMERLY IN A DATING OR SEXUAL RELATIONSHIP
• PARENT/LEGAL GUARDIAN MAY OBTAIN AN OP FOR A JUVENILE
• REPSONDENT HAS STALKED/HARASSED OR SEXUALLY ASSAULTED PETITIONER (REGARDLESS OF ANY RELATIONSHIP)
• ORDERS OF PROTECTION CAN NOT BE TAKEN OUT AGAINSTJUVENILES
EXAMPLES
• ACTUAL PHYSICAL ASSAULT, LAYING HANDS ON IN AN ANGRY
OR CONTROLLING MANNER
• VERBAL OR PHYSICAL THREATS TO ASSAULT
• DESTROYING OR THREATENING TO DESTROY VICTIM'S
PERSONAL PROPERTY
• STALKING/HARASSING
• SEXUAL ASSAULT
• ABUSING FAMILY PETS
PROCESS:
• VICTIM ADVOCATE ASSISTS VICTIM IN FILING OP
• PETITION FILED AT 4TH CIRCUIT OR CHANCERY COURT (DEPENDING IF DIVORCE IS OPEN)
• IF JUDGE SIGNS PETITION, IT BECOMES AN EXPARTE AND SENT TO KCSO CIVIL WARRANTS TO BE SERVED
• COURT DATE IS ON PETITION
EXPARTE GOES INTO EFFECT: 1. JUDGE SIGNS; 2. SERVED ON RESPONDENT.
DAY OF COURT:
• PETITIONER WILL MEET WITH EITHER A COURT ADVOCATE OR THEIR PERSONAL ATTORNEY
• PETITIONER AND RESPONDENT GOES BEFORE THE JUDGE
• IF RESPONDENT DOESN'T APPEAR, PETITIONER MAY BE GRANTED OP, IF RESPONDENT HAS BEEN SERVED
• COURT DATE MAY BE RESET BECAUSE REPSONDENT HASN'T BEEN SERVED JUDGE HAS FINAL DECISION. JUDGE MAY DENY OP.
VIOLATION OF ORDER OF PROTECTION:
SHOW CAUSE IS A MOTION TO THE COURT THAT RESPONDENT HAS VIOLATED OP.
CIVIL:
• RESPONDENT ON SCENE, HE/SHE WILL BE ARRESTED
• JAIL/BOOKING CONTACTS JUDGE FOR A BOND TOBE SET
• RESPONDENT NOT ON SCENE: PETITIONER MUST FILE SHOW CAUSE WITH VICTIM ADVOCATE'S
ASSISTANCE
• RESPONDENT WILL BE SERVED WITH SHOW CAUSE
• ANOTHER COURT DATE GIVEN
• RESPONDENT COULD BE SENTENCED TO 10 DAYS FOR EACH VIOLATION
CRIMINAL:
• DEPENDING ON THE TYPE OF OP, REPSONDENT COULD BE ARRESTED AND CHARGED
CRIMINALLY FOR VIOLATING THE OP
TYPES OF ORDERS OF PROTECTION:
• SOCIAL: RESPONDENT AND PETITER MAY HAVE CONTACT
• NO CONTACT WITH COMMUNICATION: NO PHYSICAL CONTACT BUT THE RESPONDENT MAY HAVE VERBAL CONTACT WITH THE PETITIONER
• NO CONTACT: NO PHYSICAL, VERBAL OR THIRD PARTY COMMUNICATION.
RELIEF THROUGH OP:
• CUSTODY GRANTED
• VISITATION GRANTED
• CHILD SUPPORT
• FINANICAL SUPPORT FOR THE PETITIONER
• POSSESSION OF THE RESIDENCE
• CUSTODY OF THE FAMILY'S PET(S)
• RESPONDENT IS PROHIBITED FROM OWNING/POSSESSING OR USING FIREARMS OR AMMUNITIONS
DURATION OF OP:
• EXPIRES AFTER 1 YEAR. MAY BE RENEWED
• AFTER A VIOLATION HEARING, MAY BE EXTENDED 5 -10 YEARS (BASED ON NUMBER OF VIOLATIONS)
• LIFETIME OP GRANTED THROUGH DIVORCE. DOES NOT HAVE TO BE RENEWED.
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