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Family Crisis Unit

Orders of Protection

Domestic Violene 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
• respondent has stalked/harassed or sexually assaulted petitioner (regardless of any relationship)
• orders of protection can not be taken out against juveniles

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 order of protection
• 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 respondent hasn't been served judge has final decision. judge may deny order of    protection.

Violation Of Order Of Protection:

Show cause is a motion to the court that respondent has violated order of protection.

Civil:
• respondent on scene, he/she will be arrested
• jail / booking contacts judge for a bond to be 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 order of protection, respondent could be arrested and charged  criminally for violating
the order of protection

 Types Of Orders Of Protection:
• social: respondent and petitioner 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 Orders Of Protection:
• custody granted
• visitation granted
• child support
• financial 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 Orders Of Protection:
• 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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