PROTECTION FROM ABUSE
Whether you are the victim of abuse, or if you have been accused of abuse, The Law Office of MK Feeney can help protect you and your rights.
If you are the victim of abuse, you can seek protection from the courts by applying for a civil court order of protection. You will have to testify in court before a judge, and the abuser must be given notice and can also testify in their defense.
There are three types of court orders that can protect you, depending on the circumstances.
Protection from Abuse Order (PFA)
This is the most common type of protective order, and it can make it illegal for the abuser to contact you for up to three (3) years. In order to qualify for this type of protection, you must be related to the abuser by blood or marriage, or they must be a current or former sexual partner.
The abuser must have attempted to cause or caused bodily injury, serious bodily injury, or sexual violence with or without a deadly weapon, or have put you in reasonable fear of imminent serious bodily injury, falsely imprisoned you, or stalked and harassed you to an extent where you reasonably feared that they would injure you.
A PFA can also protect minor children again physical or sexual abuse, and an adult can apply for one on their behalf.
Sexual Violence Protection Order (SVPO)
If you are a victim of sexual violence, this type of court order can protect you from further abuse and/or intimidation by the abuser, even if criminal charges have not been filed. While it is similar to a PFA, it does not require you to be related by blood or marriage, or to be a current or former sexual partner of the abuser. Just like a PFA, this order can also offer protection to the victim for up to three (3) years.
Protection From Intimidation Order (PFI)
This is a very specific type of court order. It applies when there is stalking and harassment by an abuser who is not related by blood or marriage, or is not a current or former sexual partner of the victim, and the victim is under the age of eighteen (18) and the abuser is over the age of eighteen (18). This order does not apply when the abuser and victim are both minors, or where they are both adults, or where a minor is harassing or stalking an adult. PFIs have to be filed by an adult (such as a parent or guardian) on behalf of the minor victim. Just like the other two protective orders, a PFI can be in effect for up to three (3) years.
There are two other important points that apply to all of these orders: the term of protection can be extended for good cause, and if the abuser violates the terms of the order, they will face additional penalties in court.
If you are accused of abuse, having an order of protection issued against you may have serious implications for your current or future employment, as well as for any custody case you may have. Therefore, it is imperative that you have the guidance and protection of experienced counsel when you go to court.
The Law Office of MK Feeney, L.L.C.
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