I’m going to discuss the definition of Dating Violence and who can get an Order of Protection Against Dating Violence.
Dating Violence is defined as violence between individuals who have or have had a continuous and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the last six months and be characterized by the expectation of affection or sexual involvement. This does not include violence in a casual acquaintanceship or violence between individuals who have only engaged in ordinary fraternization in a business or social context.
You can request an Order of Protection Against Dating Violence if you are in one of three groups.
Number One: You are the victim of dating violence and you have reasonable cause to believe that you are in imminent danger of becoming the victim of another act of dating violence.
The second group is any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence.
And the third group is the parents or legal guardians of any minor child who is living at home and seeks the injunction for the protection of that minor child.
After you file your Petition, it will be read by a judge – usually within a day. Based on what you write in your Petition, the judge will enter a temporary order if it appear that an immediate and present danger of violence exists.
If your temporary order is entered a hearing will be scheduled within 15 days. The hearing can be delayed and the temporary order extended if the respondent has not been notified of the hearing.
At the hearing, you will have to prove the allegations that you have alleged in your Petition. If the judge grants your request for an order – whether on a temporary or permanent basis – they can order the respondent to do the following:
Number 1: Not commit any act of violence against you.
Number 2: Not contact you.
Number 3: Not knowingly come within 100 feet of your vehicle or 500 feet of you, your workplace or your school.
Number 4:: Not possess any ammunition or firearms.
If you have any other questions, please review the other frequently asked questions on my website or give me a call at the office.