• You are married to the abuser, separated from the abuser, or divorced from the abuser.
• You are not married to the abuser, but have a sexual relationship with him currently or in the past, AND you have lived with the abuser for at least ninety (90) days within the past year.
• You are related to the abuser by blood or marriage.
• You are a parent, stepparent, child, or stepchild of the abuser AND you have lived with the abuser for at least ninety (90) days within the past year.
• You have children in common with the abuser, even if you are not married to him and do not live with him (the children must be biological or adopted).
• Any adult who is physically or mentally disabled (unable to provide for their daily needs).

If a child is being abused in the home, the following persons can ask the court for protection for the child:

What police protection can I expect?
The police must respond to domestic disturbance calls in the same manner that they respond to all other calls for assistance.  Police may arrest an individual if the officer has an arrest warrant.  Police may arrest on the scene without a warrant if a crime is committed or attempted in the presence of an officer.  Police may arrest on the scene if the crime was not committed in their presence if a weapon was used and/or great bodily harm resulted.

Will the police accompany me to my possions?
The police are required by law to accompany the battered woman back to the family home to retrieve clothes and personal belongings for the immediate use of her and her children.  Use of this law is technically limited to married women, but it is routinely extended to unmarried women.  Police usually cooperate with this law, but the officer’s attitude may vary.

Can I bring criminal charges also?
Any battered woman can bring criminal charges against her assailant.  To do so you must obtain a police report number and request a court commissioner to issue either a warrant or a summons for your violent partner.  The most common outcome of criminal charges is either probation or probations before judgment.  Batterers are rarely incarcerated.  This generally occurs when they have an extensive violent criminal record.

How do I find out if the abuser was told about the Temporary Order Hearing?
A date for the Temporary Order hearing will be set at the time of the Interim Order and will be set forth in the order. The order is not effective until it is served on the abuser.  You can find out whether the abuser has been served by calling the police district in which the abuser resides.

The Protection Order hearing gives both you and the batterer the opportunity to be heard on the question as to whether the court should issue a Protection Order. The standard of proof is "clear and convincing evidence that the abuse occurred." You should bring any evidence you have available with you to the hearing, including: pictures, medical reports, police reports, witnesses and objects used to abuse you.

If the abuser has been served, but fails to attend the hearing, you may argue that you are entitled to the order by default judgment. If the abuser is not served, the ex parte order can be extended up to 30 days.

Do I need witnesses to the abuse in order to file for a Temporary Protective Order?
No, although if there are any witnesses to the abuse, they should be present and willing to testify at the Protection Order hearing. In addition, if you have visible bruises, pictures should be taken of the bruises. The person taking the pictures should sign and date them on the back.

What happens if the accused abuser is not served with the Interim Order or the Temporary Order?
If the police are unable to serve the accused abuser with the order and he does not appear for the Protective Order hearing, the Court may continue the Temporary Order for up to 30 days to allow the police to have more time to serve the Respondent

How long does the Temporary Order last?
The Temporary Order lasts until the date of the final Protection Order hearing.

Can temporary custody be awarded?
Yes, temporary custody may be awarded to the victim.

Can I proceed without a lawyer?
Yes, in fact, many petitioners get Temporary and Final Protection Orders without being represented by an attorney. However, many domestic violence shelters offer free legal help. Working with an attorney.

Where do I go to get a Temporary Order?
You should go to the Clerk's Office at the District Court in your city or county.  You also can choose to go to the Circuit Court in your city or county.

Can temporary custody be awarded in a Protection Order?
Yes, you can be given temporary custody if the children are children you have with the abuser. This award may help you later if you file for regular custody.  However, no custody order can be issued concerning other children in the home.

Can child support be awarded in a Protection Order?
Yes, the Court may order temporary Emergency Family Maintenance.

Do I have to file another Temporary Order if the abuser violates the Protection Order?
No. If the abuser violates the Protection Order, any victim may file civil contempt proceedings in the Clerk's office The victim may also file criminal charges with the Commissioner if the abuser violates one of the “no contact” provisions in the Order.

How does the judge decide whether to order my abuser to vacate the home?
The judge must consider the following factors:

Can I get money relief at the Protective Order Hearing?
Yes, you can get financial support.  This type of relief is called “Emergency Family Maintenance”.  This is not child support, but it can be used to help the victim support the family.

What should I be prepared to answer about visitation?