All too often situations arise between Parties that take the form of what is termed Domestic Violence. Invariably it happens between partners who are either married, living together, in a relationship but living apart, and/or their children, or just dating. This concerns both opposite sex and same sex partners. If one or more of the partners and/or their children are being caused to feel overpowered, controlled or abused by the other partner, this qualifies as Domestic Violence.
This can involve, physical, sexual, economic, emotional, verbal, and psychological abuse; or intimidation, stalking or damage to property, or entering property without permission; or other acts causing fear, harm to safety, health or wellbeing. Lawyers who specialise in Divorce and Family Law will advise you on this matter.
Many people will continuously tolerate these illegal actions not realising that they are unlawful. For years people will allow themselves to be subjected to unthinkable abuse without knowing that they have an option to make it stop and have the legal right to have their complaint vindicated and their rights formalised. Unfortunately those people, who are being abused and even know that it is wrong, often do not seek a Protection Order because they feel it will make matters worse for them.
It needs to be pointed out that applying for a Protection Order doesn’t mean the laying of a criminal charge. There is the option of either applying for a Protection Order, or making a criminal charge, or doing both. This is a decision to be made by the victim.
Once the victim has the Protection Order is means that if the abuser ever violates the conditions of the Order, such a breach will be regarded as a crime and the abuser can then be charged with contempt of Court and whatever other crime they have committed to cause said infringement of the Order.
The importance of a Protection Order is that it comes with a Warrant of Arrest that the victim can keep and use whenever necessary. This gives the victim the power to have their abuser arrested the moment that abuser commits any abusive act towards the victim. The victim simply reports it to the Police or their Attorneys and the abuser is dealt with accordingly as described above. In other words, it puts the power back into the hands of the victim.