Survivors of domestic violence have several civil and criminal options to protect themselves from further abuse. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection in Scottsdale and restraining orders in Scottsdale.
Our attorneys operate in many areas of family law, including helping clients obtain a restraining order in Scottsdale. If you’re considering getting legal help, here are common questions you might ask.
1. What is a restraining order? A restraining order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.
2. Who can get a restraining order? A victim of domestic violence can obtain a restraining order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.
3. What does a restraining order do? If you are a victim of domestic violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do.
- The abuser can be ordered not to have any contact with you, in person or by phone, text or emails at home, work, or almost anywhere you ask the court to put in the order.
- The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
- Except in unusual situations, the court may grant you custody of your minor children. In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, let the judge know.
- In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney’s fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.
- The judge may order the abuser to receive professional domestic violence counseling.
- The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business so that you are protected by the police during any necessary contact.
- The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.
If you need an order of protection in Scottsdale Arizona, Canterbury Law Group can help you. Contact us today to schedule a consultation. 480-240-0040.