Domestic Abuse and Court Orders : Goldstein Law Office, P.A.

Domestic Abuse & Court Orders

A family or household member may seek a court order for protection for himself or herself or on behalf of minor family or household members.

Domestic abuse is defined to include the following, among others:

Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members.
Terroristic threats or criminal sexual conduct committed against a family or household member by a family or household member.
Intrafamilial sexual abuse committed against a minor family or household member by an adult family or household member.

A minor age 16 or older may make a petition on their own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interest of the minor.

If the application alleges an immediate and present danger of domestic abuse, the court may grant an ex parte order for protection and may include the following provisions among others:

Restraining the abusing party from committing acts of domestic abuse.
Excluding any party from the dwelling they share or from the residence of the other except by further order of the court.
Excluding the abusing party from the place of employment of the petitioner or otherwise limiting access to the petitioner by the abusing party at the petitioner's place of employment.
Continuing all currently available insurance coverage without change in coverage or beneficiary designation.

An order for protection applies throughout the state. A violation of a protection order may constitute criminal disorderly conduct.

If the domestic abuse proceeding involves custody or visitation and the court has reason to believe that the minor child is a victim of abuse or neglect, the statute requires the court to appoint a guardian ad litem to represent the interests of the child. If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted visitation, the court will restrict visitation as needed to guard the safety of the victim or children.

Domestic Abuse & Court Orders

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