If a family or household member harms you or even tries to do so, with or without weapon, or you get a hint that they are a harm person to you in near future then that person has committed an act of family violence and you can file a case against them.
You must have a particular relation with the abuser to file case under this act.
Family members may be your present or past spouse, parents of the same child, parents and children, stepparents and stepparents, foster parents and foster children, or other person living with you as your family member.
The family violence protective order allows people to represent themselves in court to get a protective order.
Steps for getting a family violence protective order
- Get the needed forms and fill them:
You are eligible to file the case of family violence protective order in the superior court in the same country where the abuser lives.
While going for the filing petition, remember to bring some id proof like driving license.
- Get an ex parte temporary family violence protective order:
If your case is urgent and you are in danger, you can opt for ex parte family violence protective order while filling the petition.
Domestic violence organizations often help people get through the ex parte process.
- Service of process:
If you are given temporary ex parte order by the judge, to file it you need to bring it to the clerk’s office.
It depends on the country you are living in. Sometimes you need to go to sheriff and fill the form so that the officer can use those papers on the abuser.
If so, you need to fill all the required information about the abuser like name, address, number, workplace, working hours and so.
Sometimes all these formalities are done by the clerk where you need to go and fill out the form and then the clerk will send that form and copy of petition and temporary ex parte order to the sheriff for service on the respondent.
- The hearing:
Whether you are given the temporary ex parte order or not, you will be given 30 days notice to determine if a final family violence protective order will be issued.
The hearing will be held in front of the judge. You and the abuser need to present before the judge and can provide evidences and testimonies.