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Restraining/Protective Orders and Family Violence FAQ
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My spouse or significant other has pushed
me, what can I do?
Unwanted touching is a crime. If someone has touched, pushed or restrained
you against your will, you should consider calling the police. Obviously
if it was truly harmless such as a tap on the shoulder to get your attention,
you should not call the police. But any touching meant to cause harm or
intimidate should be reported.
What are the laws on "Family Violence"?
Aside from the criminal process of arrest and trial, there exists a civil
process. This process allows you to proceed to court and ask for an immediate
restraining order to prevent the other party from coming near you. If
the court grants such an order, the other party will be delivered notice
of the order together with notice of a court date at which time each side
will present their side of the case and the court will decide whether
to dismiss the suit or to extend the restraining order beyond the court
date. Also, such a restraining order carries other consequences such as
impacting the defendant=s ability to carry a firearm.
What about "Stalking"?
Stalking (constantly following, calling or even emailing someone for the
purpose of intimidation or harassment) is a crime, but it can also be
the basis for the same type of relief sometimes granted in a Family Violence
case (see FAQ on Family Violence).
What if someone files a false family
violence claim against me?
This does happen. If you are accused of committing an act of family violence,
you should hire an attorney and decide the best way to defend yourself
in court. If the judge is convinced that you were falsely accused, the
judge will dismiss the order and may even assess costs against the plaintiff.
What happens to the children after a
Family Violence case?
The court, in a Family Violence proceeding, can also determine issues
of custody, visitation and support. Be prepared with a suggestion for
the court of what you would like to see happen after the trial.
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