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Legal Protections
from Battered Women: Living with the Enemy,
Battering is a crime. No one has the right to hit or threaten you. If you have been victimized by a family member or partner, you have the right to seek legal protection.
Many women who are abused are not aware that in most states they can get an emergency order of protection or a temporary restraining order (TRO) from the court. When this order is served the abuser can be temporarily removed from the house and told that if he violates the court order, he can be sentenced to time in jail. In addition, women have legal protection from police who can arrest the abuser.
Women may be afraid that an order of protection will anger the abuser and worsen their situation. They may fear retaliation from the abuser. They may feel that they cannot request a court order because the matter is private and they are embarrassed, and do not want the state involved. Many women do not trust that their abuser will abide by the court order, or that the police will enforce it. They may feel that the police will side with the men. Women may also feel that the police are indifferent or hostile and don't believe that they are abused. But the fact remains that laws exist, in nearly all states, that require that the men be removed if they are abusing a partner and are to serve time in jail if they do not abide by a court order.
If you call the police, they must come and investigate your complaint. Whenever a crime has been committed, the police should make an arrest, particularly if you are injured, if you have a restraining order that has been violated or if you ask for your abuser to be arrested. If you do call the police, write down the officers' name and badge numbers.
If you are married or formerly married to your abuser, now live with him or previously did or are otherwise related to him, you can choose to take your case to Family Court. If not, you will need to take your case to Criminal Court. Either court can provide you with a restraining order which can require your abuser to stop hurting and threatening you and may require that he stay away from you. To receive a TRO, you must go before a judge and tell her or him what your abuser did and how it affected you (and your children). Two weeks later, at the OSC (Order to Show Cause) hearing, your abuser will also have to appear before the judge. It is at the OSC hearing that a restraining order can be issued to up to three years and can contain custody arrangements and orders to send the abuser to a abuser's intervention program and drug and alcohol testing.
If an abuser is arrested and he does not plead guilty, he will have a trial. You will be called to testify as a witness. The Victim/Witness Assistance Division of the Prosecutor's office can also help you with this.
Many new laws and procedures relating to abuse have been passed in recent years. The laws vary from state to state, as does the definition of domestic violence. In addition, most states no longer require a victim to petition for protection within a specific time limit. This could be crucial for a woman who is too intimidated to file for protection while she is living in her abuser's house. She can make arrangements to move and then file for a protection order as soon as she has left, so that if he finds her, he will not feel free to continue to abuse her. Waiting to seek protection can work against the victim, however. The longer a victim waits the harder it is to prove that she has been abused.
When women do finally decide to leave, they need assistance to make their departure a final one. The women need help with filing legal papers to apply for permanent protection. They may need money for court fees. An attorney is necessary to seek a permanent protection order beyond the 30 or 90 days of a temporary order. If children are involved, the court must ensure orderly visits, without violence or abuse. Women may need a place to hide for a period of time, unless they can feel safe in a friend or relative's house. These women need emotional support from counselors, and practical help with starting a new life and often, public assistance for at least a period of time.
Emotional strength and stability are needed through all the steps of ending an abusive relationship.
by Anna Kosof and Kaiser Permanente, excerpted from Facts for Women