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www.mysticmag.com/psychic-reading/domestic-violence-resource-guide/
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Continue reading to learn the FACTS about Order of Protections:
A victim is defined as being in a qualified relationship if: • Family members related by blood; • People who are married or used to be married; • People who share or used to share a home or other common dwelling; • People who have or allegedly have a child in common or a blood relationship through a child in common; • People who are dating or engaged or used to date, including same sex couples; and•People with disabilities and their
Court Advocates: • Educate victims of their rights • Liaison between courts and police • Prepare orders of protection • Provide emotional support, assistance, and advocacy within the court system for clients • Educate victims about dynamics of DV • Refer and link victims to other needed services • Provide safety plans for victim
What is an Order of Protection?
• An order of protection is a written court document • Signed by a judge • Prohibits an abuser from committing certain behaviors • Purpose is to protect victims from further abuse • Can order an abuser to stay away from a victim’s home, place of work and school with a no contact order.
Civil” vs. “Criminal” • No criminal charges attached to a petition on a civil OP. Criminal charges are attached to petition.
Civil Orders of Protection • A civil order of protection is a court order, that a victim requests in court with the assistance of an attorney or pro-se. • It is issued based on the fact that the victims’ safety is in imminent danger. • In civil court, the case must be proven by the preponderance of the evidence, which means that it is more likely than not to have happened. • The purpose of the civil order of protection is to prevent further abuse.
Criminal Orders of Protection • In criminal cases, the prosecutor brings the case before the judge and along with the criminal charges; the state can ask the courts for an order of protection. • The States Attorney represents the victim for the petition or the order of protection.
Types of Orders of Protection
Emergency Order of Protection • Valid for 14-21 days • Can be entered without prior notice to the abuser if the victim believes that the abuse victim is trying to prevent will occur if abuser was given notice. • Cannot grant counseling, temporary custody or payment of child support. • Can be issued in criminal court when an abuser is not in custody.
Interim Order of Protection • Valid for up to 30 days. • Issued after the abuser has been served with notice of the Emergency order of protection and the abuser is not agreeing to certain remedies that are requested by the victim in the order of protection and/or the parties would like to hire an attorney
Plenary Order of Protection • Plenary orders of protection can be valid for varying lengths of time. Again, a two year default plenary order of protection can be issued if notice of the emergency order/court date was properly served (even in the absence of the abuser).• If the order is connected to a criminal case, it can be extended for the duration of the proceedings or in felony cases, the length of the defendant's sentence plus two years which is allowed under the IDVA. • Once the order of protection is issued, it will be signed by the judge and stamped “respondent served in open court.”
Other Civil Protective Orders (Non-Domestic) 1. Civil No Contact order (CNCO) - victims of sexual assault without a domestic relationship. 2. Stalking No Contact Order (SNCO) - for victims of stalking without a domestic relationship.
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