Experiencing abuse from a family member, intimate partner, or someone you co-parent with can be a terrifying ordeal. Seeking legal protection is a crucial step towards ensuring your safety and well-being. A key legal tool available is a restraining order, also known as a Protection From Abuse Order (PFA) in some jurisdictions. This guide will explain How To Get A Restraining Order and what it can do to protect you.
Understanding Restraining Orders (PFAs)
A Protection From Abuse Order (PFA) and a restraining order are essentially the same thing. You can typically obtain a restraining order if you are experiencing abuse from someone in your family, a current or former intimate partner, or someone with whom you share a child. Abuse, in this context, can encompass several actions, including:
- Physical Harm or Threats: If someone has injured you, attempted to injure you (physically or sexually), or threatened to harm you, you may be eligible for a restraining order.
- Restriction of Liberty: Being prevented from leaving a place against your will can also be grounds for seeking protection.
- Child Abuse: If a person is abusing or has abused minor children (physically or sexually), you can seek a restraining order to protect the child.
- Stalking: Persistent stalking behavior that causes you to fear for your safety is also a valid reason to pursue a restraining order.
Filing for a Restraining Order
The process for filing a restraining order generally involves going to a local court. Many jurisdictions have specific divisions within the court system, such as Family Court or Domestic Violence Intake Units, to handle these cases.
In Philadelphia, for example, you can file for a PFA at:
Family Court
1501 Arch St.
Domestic Violence Intake Unit 8th floor
Phone: (215) 686-3512
Hours: 8 a.m. to 5 p.m.
Criminal Justice Center
1301 Filbert St. Room B-03
Hours: Open for emergency requests 5 p.m. to 8 a.m. on weekdays, and 24 hours on weekends.
It’s important to check the specific court locations and procedures in your area, as these can vary. Many courts offer assistance with the filing process, especially for victims of abuse. Emergency restraining orders are often available outside of regular court hours for situations requiring immediate protection.
What Can a Restraining Order Do?
A restraining order is a legal order designed to limit contact between an abuser and a victim. The specific terms of a restraining order can vary, but they often include provisions such as:
- Prohibition of Further Abuse: The order will legally prevent the abuser from engaging in any further acts of abuse, harassment, or threats.
- Eviction from Shared Residence: In cases where the abuser and victim live together, the restraining order can evict the abuser from the household.
- No Contact Zones: The order can prevent the abuser from approaching your home, workplace, your children’s school, or any other specified locations.
- Temporary Custody and Visitation: In cases involving children, a restraining order can grant temporary custody to the protective parent and establish temporary visitation arrangements.
Restraining Orders: A Tool in a Safety Plan
It is crucial to remember that a restraining order is not a foolproof guarantee of safety. It is a legal tool, but its effectiveness depends on enforcement and the abuser’s compliance. A restraining order is most effective when it is part of a comprehensive safety plan.
If you are concerned about your safety, consider developing a safety plan that includes:
- Emergency Contacts: Keep a list of emergency contacts readily available, including local domestic violence hotlines and law enforcement.
- Safe Place: Identify a safe place you can go to if you need to leave your home quickly.
- Communication Plan: Establish a plan for communicating with friends or family in case of an emergency.
For additional assistance and information on safety planning, you can reach out to resources like the Philadelphia Domestic Violence Hotline at (866) SAFE-014 or the Victim/Witness Services Unit at (215) 686-8027. If you are in immediate danger, always call 911 or your local emergency number.
Seeking a restraining order is a significant step towards protecting yourself from abuse. Understanding the process and what a restraining order can do is empowering. Remember, you are not alone, and help is available.
