Domestic Abuse & Court Orders - US Domestic Abuse Lawyer
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; or
- intrafamilial sexual abuse committed against a minor family or household member by an adult family or household member.
A minor age sixteen or older may file a petition on their own behalf against a spouse, former spouse, or a person with whom the minor has a child in common.
The minor may file the petition if the court determines that the minor child has sufficient maturity and judgment and that moving is in the best interests 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; and
- continuing all currently available insurance coverage without change in coverage or beneficiary designation.
An order for protection applies throughout the US. A violation of a protection order may constitute criminal disorderly conduct.