Show:
PROTECTIVE ORDERS
COMMONLY USED RESOURCES
UNDERSTANDING OBSTACLES
PREPARING FOR COURT
DV & CUSTODY
100
What is the difference between a protective order and a restraining order?
There is no difference. A protective order and a restraining order are the same thing.
100
Contacts aged 18 and older can find state-by-state information on protective order laws and legal support services using this useful online resource.
WomensLaw.org
100
True or False: If a contact is in crisis or dangerous situation, we should always direct them to call the police. Why or why not?
False: If a contact feels that they have been discriminated against or persecuted by law enforcement in the past, then calling 911 or filing a police report may not be the best option for them.
100
True or False: A victim’s testimony counts as evidence in court.
True. While a victim should try to obtain as much evidence of the abuse as they can, they should not be discouraged if their story is all they have. This can still be a reliable piece of evidence during trial.
100
This resource for victims/survivors provides information on how to best prepare for custody cases and also provides links for online support groups.
Custody Prep For Moms (Custodyprepformoms.org)
200
True or False: A Protective Order can cover emergency custody of children, medical costs from abuse, and repair of property damage.
True. A court can approve adding these to a protective order.
200
The National Survey of Teen Dating Violence Laws provides this valuable information to teen victims of relationship abuse.
Up-to-date, state-by-state, legal information for teens (ex. if a victim would need parental consent to apply for a protective order).
200
What is one recommendation you can make to a contact that would like to seek legal services but is not able to pay for court expenses?
Refer them to a local domestic violence agency that provides legal advocacy services on a sliding scale basis.
200
This resources provides victims with the definitions for commonly used legal terms that may be used during court proceedings or on legal paperwork.
WomensLaw.org. Important to note: these definitions are not state-specific and the definitions may be different in someone’s home state.
200
True or False: Children can be included in a protective order.
True. Many jurisdictions allow the court to make decisions about children’s safety as part of a PO/RO. Additionally, courts can order the abuser to stay away from children’s doctors, schools, daycare or after-school job.
300
What is the importance of the Federal Full Faith and Credit Act in relation to protective orders?
The Full Faith and Credit (FFC) provision of VAWA requires that protection orders issued in one jurisdiction must be recognized and enforced in other jurisdictions. So, a victim who is relocating can do so safely without having to seek a new protective order.
300
True or False: Telling victims about crime victim’s compensation is the responsibility of every individual who works in victim services and law enforcement.
True. Compensation resources through crime victim’s compensation programs are not advertised any other way.
300
Why is it important to safety plan with a contact if they are in the process of pursuing any kind of legal action against their abuser?
Harassment or threats from the abuser may increase during trial and legal action.
300
These are three people who can serve as witness during a court case.
A doctor A law enforcement officer A neighbor
300
If a contact expresses that they are considering applying for custody of their children from their abusive partner, always refer them to this legal service provider.
Legal Representative
400
True or False: Police involvement may not be necessary to initiate a protective order.
True. While the victim might need documentation of the history of abuse, they are encouraged to contact a local legal advocate to find out more about the process. Furthermore, if a protection order is granted, the police may not be involved unless a violation is reported.
400
What is the difference between a legal advocate and legal representation in the type of support that they can offer a victim?
A legal advocate can lead a victim through the process of applying for a protective order. They can also sometimes accompany a victim to court and provide emotional support. A legal representative is an attorney that can provide consultation directly related to the victim’s situation in accordance with state laws, and consider best ideas for a successful court hearing.
400
Even with the FFC Act, why is it important to discuss the benefits of filing for a protective order in the new state if a victim is planning on relocating?
Because of the process of serving a protective order, the abuser may be informed of the victim’s new address.
400
Name three different types of evidence that can be presented during a court hearing.
Pictures of damage to the household after an episode of violence Tapes of calls made to 911 Photographs of bruises or injuries as a result of the abuse
400
True or False: A victim who leaves an abusive relationship and crosses state lines with their child can be charged with kidnapping.
True. Contacts who express that they are considering leaving with the kids or taking them across state lines should be referred to a local program, first. In many states, parents can be charged with parental kidnapping if they are not granted court permission before moving the children.
500
What are three cons of obtaining a protective order?
Seeing the abuser in court Make the abuser angry Protective order may not be enforced
500
What are two benefits of seeking support from a local legal advocate?
If a contact wants to drop or modify their P.O. they can reach out to a the local legal advocate who will know the process. A contact can also find out more about specific laws in their state that may contribute to their protection (knowing they can include specifics in their restraining order).
500
In order for a victim to be eligible for crime victim’s compensation (which could pay for expenses such as relocation, lost wages and attorney’s fees), they must do this.
File a police report Assist in the prosecution of the offender
500
True or False: A legal advocate can accompany a victim to court and represent them during trial.
False. While legal advocates may accompany a victim to court and provide emotional support, they are not attorneys and therefore cannot represent anyone during legal proceedings.
500
Two suggestions you can make to a contact that is considering going to court for custody but cannot afford legal representation.
Finding local programs that are supported by VAWA funds to represent survivors. Check to see if an attorney may be appointed by the court (some states can appoint an attorney for custody, protective order and other cases)