Orders of Protection
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What an Order of Protection Does:
- Prohibits further abuse or threats of abuse
- Removes or exclude the abuser from the residence
- Orders the abuser to stay away from the victim, children and from the victim’s place of employment, children’s school, etc.
- Prohibits destruction or disposal of property
- Prohibits the removal or concealment of the child(ren), or order the return of the children
- Orders payment of child support, medical costs, and legal expenses
- Awards temporary custody
- Provides for visitation for the abuser
- Orders the abuser into counseling
- Prohibits alcohol/drug use in the home
- Provides other relief as necessary or appropriate
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Definition of Abuse For an Order of Protection
The definition of abuse for an Order of Protection is very specific. Some activities, in addition to being abusive, are considered crimes. Other abusive activities are considered criminal only if there is an Order of Protection in place. Please see Enforcing an Order of Protection for more information.
Physical Abuse:
- Hitting, punching, slapping, pushing, kicking, and other forms of physical harm
- Confinement or restraint
- Sleep deprivation
- Sexual abuse
- Conduct that creates an immediate risk of physical harm
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Harassment:
- Telephoning repeatedly and leaving too many voice mails or text messages
- Repeatedly keeping petitioner under surveillance
- Creating a disturbance at the the victim’s place of work
- Repeatedly following petitioner about in public
- Peering in petitioner’s windows
- Repeatedly threatening to remove child(ren) from jurisdiction of the court
- Concealing the child(ren)
- Use of physical force, confinement or restraint. Sleep deprivation. Conduct that creates an immediate risk of physical harm
- One such threat after an actual removal:
- Subjecting a person who is a dependant because of age, health or disability to participation in or witnessing of physical abuse
- Interference with personal liberty – confinement
- Threatening abuse
- Willful deprivation of necessities, such as food and medical attention
- Denial of medication, medical care, shelter, food, therapeutic device or their physical assistance which exposes a person to risk of physical, emotional or mental harm