Domestic Violence

questions & answers

Question: I am roommates with someone he has assaulted me I am going to get a restraing order,what I would like to know who has to move out of the home we share?

Answer:

Below is information on an Order of Protection and Injunction Against Harassment.

What are Orders of Protection and Injunctions Against Harassment?

Both Orders of Protection and Injunctions Against Harassment are court orders that will help you prevent future abuse and harassment from another individual if that person has abused or harassed you in the past. Both types of court orders may forbid certain acts, including domestic violence; order a person to stay away from certain places including your residence, your school or your children's school, your work place, etc.; or prohibit a person from making any contact with you.

What is the difference between the two? The most important difference between the two is who they apply to and what you need to show to get them. You can get an Order of Protection against a spouse, a former spouse, any person who you live with or who you have lived with, someone with whom you had a child and against most other relatives that are related by blood or by marriage. You must be able to show the court that the person you want protection from has committed or may commit an act of domestic violence. You do not have to be physically injured or hurt to be a victim of domestic violence.

You can show that the other person has done or may do any of the following:

•endanger you

 •threaten you or intimidate you

 •assault you with their body or with a weapon

 •interfere with the custody of your children

 •restrain you or hold you prisoner

 •kidnap you

•trespass on or damage your property

 •display a deadly weapon or threaten you with a deadly weapon

•other acts of disorderly contact, etc.

The person only needs to have threatened or abused you once. You do not have to be related to the other person to get an Injunction Against Harassment, but you must be able to show more than a single threatening or abusive event. You must be able to show that the other person has repeatedly harassed, intimidated, threatened, annoyed or abused you within the past year and that those things have upset you; (you must show that you are concerned that the other person's acts have made you fear for your safety or life. You may want to seek the advise of an attorney regarding who has to move out of the home.