How to recognize domestic violence
Many people think of domestic violence as a husband hitting his wife, however, the definition of domestic violence is far more extensive. Domestic violence includes more than physical violence. Domestic violence is the use of force or fear to intimidate another person. Domestic violence may exist in a marriage, people in dating relationships, and among family members. Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person
Victims of domestic violence can obtain protection from the court. This includes an order requiring the abuser to move out of the family residence. These restraining orders can also be obtained in a matter of days. This is done through a process called an "ex parte." A request for an order of protection can often be obtained in one working day.
Anyone who is related to, lived with, or was in a romantic relationship with his/her abuser can file a request for a domestic violence restraining order. The persons who may be protected include the abused and any minor children of the abused. If the parties have children together, the court will likely make custody and visitation orders at the end of the case.
Restraining order process
A domestic violence restraining order is usually granted or denied over the counter, based upon the paperwork submitted to the court. There is usually no court hearing before the temporary order is granted. However, that order only lasts a short amount of time, then the parties must appear in court for an actual court trial.
Duration of the order
Temporary restraining orders may last no more than one day. If a permanent order is granted at time of trial, it can last up to five years and be reissued before the expiration of the five-year period for life.