Legal Protections for Victims of Domestic Violence

What You’ll Learn

1. Protective Orders (Restraining Orders)

• Understanding Protective Orders: Learn what a protective order is and how it provides immediate and long-term safety by prohibiting the abuser from contacting or approaching the victim.
• Types of Orders: Gain insight into Temporary vs. Permanent protective orders, and how each one works for different situations.
• How to Obtain One: Learn the steps involved in filing for a protective order and the process for requesting a longer-term order after an initial, temporary one.

2. Criminal Charges Against the Abuser

• Criminal Prosecution: Understand how the legal system can hold the abuser accountable through criminal charges such as assault, harassment, or stalking.
• Penalties for the Abuser: Learn about the potential consequences for the abuser, including fines, jail time, or probation.
• Filing Criminal Charges: Discover how to report abuse to the police, the role of law enforcement in investigating, and how to prepare to testify if necessary.

3. Child Custody and Visitation Orders

• Protecting Children: Learn how child custody and visitation orders work to ensure the safety of children involved in domestic violence situations.
• Custody Considerations: Understand how courts evaluate the safety of children when determining custody, and how to seek sole custody or supervised visitation for the abuser.
• Requesting Custody Orders: Gain knowledge about the steps to request custody orders through family court, especially in combination with a protective order.

4. Eviction and Residence Orders

• Right to Stay in Your Home: Learn about your legal right to remain in your home, even if the abuser is the leaseholder or homeowner.
• How to Secure Your Residence: Understand how to request that the abuser be removed from the home, allowing you to stay or have exclusive possession of the property.
• Process of Eviction Orders: Get familiar with how to legally request residence orders and eviction, ensuring your safety.

5. Financial Support and Property Division

• Spousal Support and Property Rights: Learn about your rights to financial support (alimony) and the division of marital assets in divorce or separation proceedings, particularly in cases of abuse.
• Financial Assistance: Understand how courts may require the abuser to pay for medical bills, therapy, or other expenses related to the abuse.
• Securing Financial Stability: Discover the legal tools available to help ensure your financial stability as you rebuild your life after leaving an abusive relationship.

6. Legal Assistance and Advocacy

• Access to Legal Aid: Learn about free or low-cost legal assistance that can help you navigate the process of securing legal protection, including filing for protective orders or divorce.
• Advocacy Services: Understand the role of domestic violence advocates and how they can guide you through the legal system, offering emotional and practical support.
• Finding a Lawyer: Learn how to find a lawyer who specializes in domestic violence cases to represent you and ensure your rights are protected.

7. Confidentiality and Privacy Protections

• Protecting Your Identity: Discover how courts may seal records or keep your personal information confidential to protect your safety, particularly when disclosing it could put you at risk.
• Address Confidentiality: Learn how to protect your address and other sensitive information to prevent the abuser from tracking you down.
• Pseudonyms in Court: Understand how using a pseudonym in legal proceedings can further safeguard your identity and privacy.

8. Employment Protections

• Job Protections for Survivors: Learn about your rights as a survivor of domestic violence in the workplace, including protections against discrimination and job loss.
• Leave and Accommodation: Understand how you may be entitled to take leave for medical appointments, court appearances, or counseling related to domestic violence without losing your job.
• Workplace Safety: Discover how the law can require accommodations to ensure your safety at work, such as changes in work schedules or responsibilities.

9. Support and Emergency Services

• Emergency Assistance: Learn about emergency services available to victims of domestic violence, such as shelters, transportation assistance, and emergency financial help.
• Accessing Resources: Understand how to connect with local shelters, hotlines, and domestic violence organizations that provide immediate relief and long-term support.
• Comprehensive Support: Gain awareness of services that offer both legal and emotional support to help you navigate the aftermath of abuse.