5. What should I do if I have a restraining order and my abuser still doesn't leave me alone?
If you have a Domestic Violence Restraining Order and your abuser violates the terms (example: mails a letter to you or has someone else deliver a letter to you; calls you on the telephone; appears at your place of work, home, school or restaurant where you are eating, and does not immediately leave when he sees you), call the police immediately. Have your copy of the restraining order ready to show the police. Your abuser can be arrested and jailed. You have the right to call the police as many times as you need to when you are in danger from your attacker, whether or not you have a Domestic Violence Restraining Order. It is very important for you to carry a copy of the Domestic Violence Restraining Order with you at all times.Â
6. What if the police don't come fast enough or refuse to come?
You must be prepared when dealing with a violent person. You should have access to a telephone at all times. Carry a cell phone if possible. If you don't have a phone, try to establish a relationship with a neighbor or relative who will call the police for you when you need help. It is imperative that you tell a neighbor or relative about the violence for your protection and the protection of your children in the event that the police do not come or do not come fast enough. If the police are taking too much time to respond and you remain in danger, call your local domestic violence hotline. A worker for the domestic violence hotline can put you on hold while someone calls the police and advocates on your behalf to respond quickly to your situation. You should have a safety plan in the event that the police do not come or do not come quickly enough. If all else fails, draw on your own resourcefulness either to escape the danger or attract attention by screaming for help or setting off the security alarm.Â
7. What legal remedies can I seek if I have been a victim of domestic violence?
You have the right to file a civil complaint under the Prevention of Domestic Violence Act, along with a criminal complaint. Both complaints should be filed for your protection since the civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser.Â
8. What is a civil complaint?
In a civil action you are asking the court to resolve a conflict between you and the person abusing you. You are not asking the court to punish that person for breaking the law. One of the protections available to you in a civil action is a civil restraining order.
9. What is a civil restraining order?
A civil restraining order is a legally enforceable document that, among other things, limits the physical contact between you and the person abusing you. When you first sign a complaint for a restraining order, and if you meet all the criteria under the Prevention of Domestic Violence Act, you will receive a "Temporary Restraining Order" (TRO). The abuser will not have to be present to obtain the TRO. Within approximately 10 days you will appear in court at a hearing and tell the judge what happened to cause you to sign the complaint against your abuser and the judge will decide whether or not to give you a Final Restraining Order. The abuser will be present during this hearing, but sheriff's officers will protect you.
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