Domestic Violence Howard Community College Student Street Law Public Service Message Fall 2014 Howard Community College Student Street Law Public Service Message Fall 2014

Domestic Violence Austin Lintz Miranda Neely James Zeh Austin Lintz Miranda Neely James Zeh

What is domestic violence? Domestic violence is the mistreatment of one family member or intimate partner by another. The abuse can be physical, sexual, verbal, emotional and psychological. Most often (but not always) the persons who abuse are men. Most often (but not always) the victims of abuse are women or children. Substance abuse by a family member can contribute to other forms of abuse. An important message about Domestic Violence:

Types of abuse Physical: Pushed, held down, punched, grabbed, hair pulled… Emotional: Embarrassed me in front of others, cannot tell when they will be nice or mad, threatening to hurt others in family, only allowed to see the their friends; not yours… Verbal: Yelling, Cussing, calling names, Constant phone calls, talking to you as a child… Sexual: Rape, brought another woman home, criticizing appearance, doesn’t care about your pleasures,,, Finical: Stealing money, quoting their job, forcing to spend on them, having to account for every dime of your money as well…

How do you end it? If you have been physically abused or threatened, you may consider contacting the police and filing criminal charges. Typical misdemeanor charges are assault, telephone misuse, trespass and harassment. If a weapon is used, an abuser may be charged with a felony. Arrest without a warrant if there is sufficient evidence or if the call was made to the police within 48 hours of the incident

Protective Order Allows certain victims of domestic violence to receive protection and some kinds of relief To be eligible you must: Current and former spouses. Cohabitants for 90 days A person related to the respondent by blood, marriage, or adoption A parent, stepparent, or stepchild (under certain circumstances) Vulnerable adults Person who has had a child with the respondent

Continued… Step #1: Interim Protective Order: Obtaining immediate protection when the courts are closed You will file for a petition and write on that everything you have as evidence of the abuse You will then see a commissioner who can order the abuser to stop threatening you, your home or your children *The Interim protective order expires at the end of the second business day after issuance or Temporary Protective Order hearing; whichever is earliest

Continued… Step #2: Temporary Protective Order: Obtaining immediate protection during court business hours Go to the district court in your county Receive a petition where you write the reasons seeking protection from abuse You will see a judge The judge may order the abuser from the contact of a number of things including self, home and children The Temporary Protective order expires after 7 days and the judge will extend the order up to 6 months, as needed Attend a hearing for a final order

Continued… Step #3: Protective Order – obtaining long-term protection Final Protective Order hearing Judge may order the abuser to stay out of your home, stop abusing you, stay away from you, custody of children granted to you, stay away from job, abuser to surrender firearms, participate in counseling programs…

Peace order The Peace Order (link is external) is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else. The Peace Order enables an individual (Petitioner) who wishes to be left alone to ask the Court to order another person (Respondent) to stay away and refrain from any contact with you. The following is a step-by-step guide to help you protect yourself.

Continued… Anyone who is not eligible for a protective order, but who is a victim of abuse. If you are eligible for a protective order, you may not file for a peace order. There is a $20 filing fee and a $30 service fee. The court may waive the filing fee for indigent petitioners, but not the service fee There are misdemeanor penalties for knowingly providing false information on the petition

Continued… Up to 6 months and may be extended for up to 6 months Types of relief that may be granted: Counseling Order for respondent to pay filing fees and court costs

Some Extra Tips for When Stuck In An Abusive Situation While during an argument, try to stay in a room where there is an exit and some sort of protection Create a safety plan including a bag with personal documentation, clothes and things you would not want to leave behind Keep your personal information and plans for departure private

Works Cited All information was obtained from violence#sthash.t6ReCGEO.dpuf violence#sthash.t6ReCGEO.dpuf