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Are you being hurt? |
Call 828-652-6150 |
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fax#:
828-659-1456
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In some situations, it
may be necessary for the safety of our clients and their children to
file for a domestic violence protective order. This may be an invaluable
part of your safety plan! We understand this is a difficult time for
victims and their families. Our trained staff and court advocate are
always available so you will not have to be alone during this process.
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Here are some answers to our most frequently asked questions:
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Q: |
What is a protective order?
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A: |
It
is a civil order that you request from the court to protect you from your
abuser. It can order your abuser to stop harming
you, stop having contact with you, stop having contact with you at your
work or school, or at your children's school or daycare. |
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Q: |
What determines whether I am
eligible for a protective order? |
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A: |
According to the laws that govern
the protective order, domestic violence is defined as: threatening to physically
harm you, assaulting you, or stalking you. |
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Q: |
What is the process of obtaining a protective
order? |
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A: |
The staff of Family Services can assist
you every step of the way during this process. The first step to obtaining
protection is to come by our office where one of our staff will assist you
in completing your initial paperwork.. This paperwork is then filed at the
civil clerk's office and the file is sent before the judge. When the Ex-Parte
is signed, a hearing date is set for within 10 days. At that time, you will
have the opportunity to come to court and talk to the judge about the incident(s).
Our highly trained Court Advocate will be there to support you and explain
this process. When the judge signs the order, it will be in effect for one
year. |
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Q: |
Once I fill out my initial paperwork, how
long until I am protected? |
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A: |
After you complete your paperwork, the judge
or the magistrate will sign immediately, putting your temporary protection
order into effect. In order for your protection
order to be FINALIZED you MUST
be present at the 10 day hearing. |
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Q: |
What do I need to bring to fill out a protective
order? |
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You will need the address of the defendant,
social security number (if possible), and directions to the defendant's
residence. |
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| Q: |
What happens if I miss my court date? |
| A: |
If you miss
your court date, your case will most likely be dismissed. If
you do not appear in court and your abuser does appear, he/she may ask for
the case to be dismissed. If you have an emergency
and cannot appear in court at your scheduled time, PLEASE
contact our Court Advocate so she can ask the presiding judge for a continuance.
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| Q: |
Can I ask for custody of my children, possession
of the house, and possession of the car? |
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Yes, you can ask for possession of the car
and the home. The decision is strictly at the discretion of the judge. In
order to obtain custody, there has to be a threat of harm or harm has to
be done to the children. |
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| Q: |
How will my protective order be enforced?
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The sheriff's department enforces the protective
order. If your abuser violates the order, you
must see the magistrate and file charges. |
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| Q: |
How long will I be protected? |
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Most protective orders are effective for
one year. If needed, you may renew the order
at the end of one year. |
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| Q: |
Do I have to be married to obtain a protective
order? |
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No, you do not have to be married to obtain
a protective order. These orders cover a wide range of relationships. |
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| Are you being hurt? |
Call 828-652-6150 |
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fax#:
828-659-1456 |
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