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What you can ask for when petitioning for a Protective Order

You can ask the judge to forbid your abuser from committing any further acts of abuse against you.

You can ask the judge to forbid the abuser from having any contact with you. If you feel that it is necessary to maintain contact with your abuser for limited purposes, (for example, to arrange visits with your children or to deal with essential business matters) you can ask the judge to forbid all contact with you except for specific, limited purposes such as those mentioned above.

You can ask the judge to forbid the abuser from having any contact with other members of your family or household.

You can ask the judge to do either of the following:

A. You can ask the judge to forbid the abuser from living in your current mutual home. In legal terms, this is known as granting you “exclusive possession of the home.” You and your family could stay in the home and your abuser would not be allowed to stay there. You would be able to remain in the home as long as the protective order is in effect if your name is not on the lease or mortgage. In order to stay longer, you would need to make a request in a separation agreement or divorce settlement.

OR

B. If you do not want to remain in your current home, you can ask the judge to order your abuser to pay you a specified amount each month so that you can live somewhere else. In legal terms, this is known as ordering the abuser to provide you “suitable alternative housing.” In order to request this, you should be prepared to request a specific amount per month at the hearing and show why you need that much for housing.

You can ask the judge to allow you to use a car that is jointly owned by you and your abuser. The judge can also order your abuser not to use the car. In legal terms, this is known as “exclusive possession of a motor vehicle”. You will be able to use the vehicle only during the time the protective order is in effect. The protective order will not change who has the right to the car once the protective order has expired. If you request this, you should be prepared to show at the hearing why you need the car more than your abuser.

You can ask the judge to order your abuser to participate in treatment or counseling (for example, batterer intervention programs, anger management, or substance abuse programs).

You can ask the judge to grant to you temporary custody of your children. The judge can also give the abuser (or you, if you are the non-custodial parent) specific visitation rights. Custody or visitation rights under a protective order will only be temporary, until a new order can be arranged in court. *** If you are seeking custody as part of a protective order, it is strongly recommended that you talk with an attorney about your options. An attorney can tell you best how to proceed after the protective order hearing.

You can ask the judge for any other relief that you believe is necessary to protect you and your family or other household members.

You can ask the judge to make the protection order last for up to two (2) years. (This is the longest period of time the judge can make it last)

For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).