The crime of domestic violence and assault is real and exists here in Lee County. Although the daily headlines and news reports focus on the drug and theft crimes that have plagued our region as of late, perhaps the most prevalent crime is the one that receives the least amount of attention. That crime is domestic violence. Domestic violence occurs everyday. Most likely someone you know well has been the victim of domestic violence. Maybe even you have been assaulted by a spouse, household or other family member.
Domestic violence is defined as a pattern of physically, sexually, and/or emotionally abusive behaviors used by one individual to assert power or maintain control over another in the context of an intimate or family relationship.
The reason that domestic violence is such a devastating crime is that its victims feel they are powerless against their abusers. This is due to the fact that the parties are spouses or family members. No one wants to believe that his or her spouse is an abuser. And then even if the victim sees his or her spouse for what they are – an abuser –the victim does not want the rest of the public to know.
Basically, domestic violence is a crime of power or control. The abuser’s ultimate aim is to gain the absolute obedience of the victim. Once that absolute obedience is achieved, it is unlikely that the crime will ever be reported to the authorities.
Even if the crime is reported and court action is taken, there is a good chance that the victim will side with the abuser once the case goes before the judge. It is a very frustrating aspect of being a prosecutor. However, the good prosecutor keeps extending a helpful hand with the hope that one day the abuser will have the strength and courage to take a stand against their own personal domestic abuse. A life lived in constant fear of the next assault is not a life well lived.
It is this Office’s goal to challenge domestic violence head on and to finally turn the tables and start to win the battle. The road ahead is long and difficult, but the alternative is not acceptable.
Protective Order
A protective order is a legal order issued by a magistrate or the judge to protect one person from physical abuse or threatening behavior by another. A protective order is issued in cases of domestic violence and stalking to protect the health and safety of an abused person and his/her family or household members.
Protective Orders are ONLY available to protect you against a family member or other household member. That means that you cannot get a protective order against someone that is not your spouse or other family member unless that person is living in your home.
Three Types of Protective Orders:
Emergency Protective Order (EPO)
An EPO lasts 72 hours or until the next scheduled court day, whichever is later.
An EPO may legally order the abuser to stop the abusive or threatening behavior, prohibit the abuser from contacting you at home, at work, or by phone, order the abusive person removed from the home you share with him or her, and/or provide other relief necessary for your protection.
You must obtain an EPO as soon as possible after you have been assaulted or threatened.
You must usually appear before a magistrate in order to obtain an EPO. If the EPO is granted, you will be given a copy of the order. A law enforcement officer will give the abuser a copy of the protective order so that the abuser is aware of the conditions, and the order will then be considered “in effect.”
If you want the EPO to last longer that the 72 hours, you must go to the Intake Officer of the Juvenile and Domestic Relations Court and petition for a Preliminary Protective Order before the EPO expires.
Preliminary Protective Order (PPO)
A PPO may legally order the abuser to stop abusive or threatening behavior, prohibit the abuser from contacting you at home, at work, or by phone, order the abusive person removed from the home you share with him or her, grant exclusive possession, but not title, of the home and/or jointly owned car to you, grant temporary custody and visitation of the children and/or provide other relief necessary for your protection.
You must obtain a PPO within a short time after you have been assaulted or threatened. You do not have to have an EPO to get a PPO. The abuser does not have to be present at this hearing.
To ask for a PPO, go to the Intake Officer for the Juvenile and Domestic Relations Court (located in the Lee County Courthouse). Once a petition is filed in court, a judge will decide if the PPO will be granted, based on your sworn statement.
A PPO lasts for up to 15 days. At the PPO hearing, a date for a hearing on the final Protective Order is set.
Final Protective Order (PO)
A final protective order may legally order the abuser to stop abusive or threatening behavior, prohibit the abuser from contacting you at home, at work, or by phone, order the abusive person remove from the home you share with him or her, grant temporary custody and visitation of the children, require the abuser to pay for you and the children to live in another house, grant exclusive possession, but not title, of the home and/or jointly owned car to you, require the abuser to go to treatment or counseling, and provide other relief necessary for your protection.
You must attend the final PO hearing which is scheduled at the time of your Preliminary Protective Order hearing. The judge will subpoena the abuser to be at the PO hearing. Both you and the abuser will be asked to describe what happened.
The PO hearing will be located at the Juvenile and Domestic Relations Court in the locality in which the abuse occurred.
A PO may last up to two (2) years.
Protective Orders are FREE
There is no charge for petitioning the court for a protective order.
