A person that is 18 years of age or an emancipated minor can attempt to seek legal protection for themselves or their child from domestic violence by a family or household member. This includes, but is not limited to current husbands and wives, as well as former spouses, brothers, sisters, someone not related to you living in the home, or another relative. Domestic abuse is a problem in society, but victims should know that they have options available to them.
Minors may also be granted these orders. However, a guardian, parent or another adult household member will have to file the petition on their behalf. It is not necessary to have a lawyer to file the petition, but they may have valuable guidance and information to help you along the way. No one deserves to live in fear and this order can help to protect you and your loved ones.
Protection From Abuse Orders
What constitutes you obtaining a protection from abuse order? There are a variety circumstances that can result in this type of order being granted including...
- Causing or attempting to cause rape, involuntary deviant sexual acts, incest, sexual assault, bodily injury, or aggravated and indecent assault
- Physical or sexual abuse to a child
- Repeatedly committing acts towards another person
- False imprisonment
- Placing another in immediate serious bodily harm
There are 3 different types of these orders. They are an emergency, ex parte temporary, and final PFA orders. The ex parte temporary order gives the accused time to appeal the order, testify, and present evidence that may clear their name. There are always two sides to every story, so it is of the utmost importance to receive all of the facts.
An emergency order may be issued to grant you immediate protection if the courts are closed. You can contact your local sheriff or police department for further instruction on how to obtain this PFA. The order will only remain in effect until the next business day. The individual must then go to the courthouse and file for the order in the appropriate manner.
After the hearing, where both sides have had the opportunity to present their cases, the judge may grant a final PFA to give you protection for up to 3 years. Unless the order is extended, it will expire after the allotted time period.