Category: Domestic Violence

How Long Do Domestic Violence Restraining Orders Last – Guest Post

  

Domestic Violence Restraining Orders

Domestic violence is a common problem in the United States. It is estimated that 1 out of every 4 women will be a victim of domestic violence during their lifetime.

The domestic violence problem in the United States has been around for decades and it has been difficult to solve so far. One of the main reasons for this is because it is hard to find reliable statistics on how many people are actually affected by domestic violence.

The physical and mental abuse of an abusive partner can be terrifying. However, there are ways to escape the relationship and get help. When leaving a relationship seems difficult or if one feels threatened by the other person in an abusive relationship, securing domestic violence restraining orders might help.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a court order that prohibits an individual from contacting or coming near a person or their family members. It can also prohibit the individual from being in the same home as the person or their family members. It may also prohibit them from possessing firearms and ammunition.

It is issued by a judge when an individual has been found to be in danger of abuse. It can be issued for a time period ranging from 24 hours to 3 years, based on the court’s discretion. If the person who is being restrained violates any part of the order, they can be arrested and charged with a crime.

Types of Restraining Orders

There are three types of domestic violence restraining orders in the United States – Emergency Protective Order, Temporary Restraining Order, and Restraining Order After Hearing

Emergency Protective Order

An Emergency Protective Order (EPO) is a court order that can be issued by a judge or magistrate to protect an individual from domestic violence. It is issued for a limited time and can last up to one year.

It is intended to protect the victim of domestic violence from further abuse during the order’s duration. It does not allow the abuser to have contact with the victim, and it also prevents him or her from having any contact with their children.

In the United States, there are two types of orders: temporary and final. A temporary order lasts for up to six months and can be extended for an additional six months; a final order lasts for up to one year and cannot be extended.

Temporary Restraining Order

A Temporary Restraining Order (TRO) is a legal order issued by a court that prohibits one party from harassing, threatening, or harming another. It is an emergency order that can be issued when the other party believes they are in immediate danger.

Temporary Restraining Orders are commonly used for cases involving domestic violence, abuse, stalking, harassment, and other forms of violence. However, they can also be used in cases where one person is being sued by another person or company.

It is valid for the time period specified in the order, which is typically up to 20 days. If you ask for it or if the judge decides to, the interim ex parte order might be extended for another 20 days, usually because the respondent has not yet been served.

Restraining Order After Hearing

Regardless if a person decides to request for a temporary restraining order, one will be scheduled for a hearing to get a final DVRO. After the court hearing, a judge can grant a person a restraining order after hearing that can last up to five years.

However, if there is no assigned termination date on the order, the restraining order after hearing will be valid for a period of three years from the date that it was issued. Interestingly, you can request this restraining order after court to be extended for another five years, during the last three months of the order validity. This extension can be granted by the judge without having to prove any further abuse.

Do You Think You Need a DVRO?

Domestic violence restraining orders are issued to protect someone from another person who poses a threat of violence. They are given to people who have been abused and are in danger of further abuse. It is an emergency protection order that can help protect the victim of domestic violence from further abuse. The abuser is legally obligated to leave and not come near the victim or their property.

The following people are eligible for a domestic violence restraining order:

  • A spouse or former spouse of the abuser
  • Anyone living with the abuser, including children and other family members
  • Anyone who is related to the abuser by blood, marriage, adoption, or court order
  • Any law enforcement officer or agency employee

In the United States, a person can apply for a domestic violence restraining order (DVRO) if they are in a relationship with someone who has abused them in any way.

“10 Domestic Violence Myths & Misconceptions” – Guest Post

  

Domestic Violence

Domestic violence, like any other topic, is filled with misconceptions. To assist you to differentiate reality from fiction, we’ve compiled a list of five of the most common myths about domestic abuse:

i) Domestic violence is only physical.

Domestic violence can manifest itself in a variety of ways, including intimidation, coercion, economic responsibility, isolation, psychological control/abuse, and physical assault.

ii) It only occurs in low-income households living on council estates.

Anyone, regardless of where they reside or how much money they have, maybe mistreated. Women and men who have been abused come from many areas of life. Consider the superstars we read about in the news to understand that money cannot safeguard you from domestic abuse.

iii) Men are equally as likely as women to be victims of domestic and familial violence.

Men can be victims of violence, yet the majority of men do not engage in domestic violence. However, women may utilize violence in relationships as well.

According to research, men are the most likely perpetrators of domestic and familial violence against women.

Men are more likely to be harmed by a stranger in a public location, but women are more likely to be harmed by someone they know in their own house.

iv) Victims provoke domestic and familial violence.

Nobody wants or deserves to be abused. Unfortunately, people who use violence may attempt to transfer responsibility to the victim by claiming that they caused them to be angry or jealous.

Most sufferers of domestic violence do anything they can to prevent violence and even try to modify their own behavior in the hope of stopping the abuse. However, this will not put an end to the violence since they are not the source of it. The aggressive individual attempting to keep power and control over the victim is the cause of the violence.

v) Domestic and familial violence will stop upon separation.

When a victim ends a relationship, the person who uses violence may perceive it as a direct threat to their power over the victim.

According to research, the months after separation are one of the most dangerous.

A person who used violence in the relationship may employ a variety of strategies to reestablish control over a victim. As a result, it is critical to seek assistance and remain secure.

vi) Domestic violence is triggered by factors such as alcohol or drug abuse, anger management disorders, or financial difficulties.

Domestic and family violence can be triggered by the use of alcohol or drugs, challenges with anger management, or financial concerns, but they are not the cause.

People who commit violence frequently blame it on things like this.

Even when they are sober or when money is not an issue, they are frequently aggressive to the victim.

It is unusual for anger control to be the primary concern. Often, the perpetrator of violence will aim their rage towards the victim but will be able to control their behavior in front of friends, coworkers, other family members, or strangers. This is due to the fact that domestic and family violence is generally driven by power and control rather than merely anger.

There are also numerous households where alcohol, drugs, and money are challenges, but there is no domestic violence.

vii) Domestic violence is a private family matter.

Domestic violence affects everyone. Keeping domestic violence hidden benefits no one has been demonstrated to hurt children, has high societal costs, and serves to perpetuate abuse via taught patterns of behavior.

viii) Abusers are raised in violent families.

This is not correct. Growing up in a violent family is a risk factor, and some abuse victims go on to be violent in their relationships. Many, however, do not. They are instead repulsed by violence because they have witnessed the devastation it creates. As a result, they would never consider hitting their lover.

Abusers learn to be violent as a result of the culture in which they grow up. People who blame violence on their upbringing avoid taking responsibility for their conduct.

ix) Some individuals like violence.

Nobody enjoys or finds violence pleasing. The majority of abused individuals live in fear and terror. This is a method of blaming the victim for what is going on.

x) Abusive persons suffer from a mental illness.

The great majority of persons who physically or verbally abuse their partner are not mentally sick. However, according to research, the proportion of abusers who have mental health problems is the same as in the general population. And, if an abusive individual is mentally sick, why do they exclusively attack their spouse and not coworkers, strangers, or friends?

Bio-

Our Brisbane Domestic Violence Lawyers have a proven track record of getting excellent outcomes for our clients, whether the offences are those drawing life sentences, repeat offences, or children court cases. Our Lawyers has the correct approach when dealing with your court matters. From the most serious offences, when your liberty is at stake, to potentially losing your driver’s license for traffic violations, our Brisbane criminal lawyers will assist and support you as you through the judicial system.