Individuals preparing for divorce are among those who might ask the courts for orders of protection. The courts can issue orders intended to curtail domestic violence and protect those leaving a volatile situation. An order of protection imposes certain limits on an individual with a history of domestic violence and can result in the arrest of the other party if they violate the terms of that order.
To secure an order of protection, the party experiencing abuse or feeling afraid for their safety must petition the courts. They generally need to present evidence of family offenses occurring. Contrary to what some people mistakenly believe, people do not need evidence of actual physical abuse or serious injuries to qualify for orders of protection.
Many behaviors may constitute family offenses
Family offenses do not just involve romantic partners, spouses or other family members physically abusing others. They can also involve people who have shared intimate relationships or who have children together engaging in abusive behavior.
Obviously, those enduring domestic assault and sexual abuse may be able to petition the courts for orders of protection based on the physical injuries they have sustained. However, there are a host of other behaviors that can warrant orders of protection.
Verbal threats and menacing can help individuals qualify for orders of protection. Attempting to intimidate a spouse or partner into staying in the relationship could be actionable family offenses. So could stalking behavior or harassment.
Stalking can involve showing up at someone’s place of work or sitting outside of their home where the targeted individual can see the stalker through the window. It might involve sharing details that indicate they are aware of that person’s every move or using devices to track an individual’s daily behavior.
Harassment can also occur online when one person intentionally infiltrates social media platforms and other spaces to harass or intimidate the targeted party. People may share intimate images or videos, steal from the targeted party, coerce them into unwanted behavior or steal their identity.
Gathering documentation of the family offenses that have occurred is a key component of securing an order of protection. Those experiencing domestic violence in its many forms often need help proving that family offenses occurred and seeking relief through the courts, and that’s okay. An order of protection doesn’t automatically end abusive behavior, but it does generate consequences for continued misconduct.