What Victims Need to Know About Protective Orders Filed by Abusers

Abusers will often be spiteful, attempting to file a protective order against their victims. Judges that are seasoned will often recognize what the abuser is trying to do, and the protective order will not be granted. But the protective order must always be considered.

Courts may determine that the right action, if the abused has also requested a protective order, is to grant "mutual" restraining orders. These orders initiate two restraining orders, one against the abuser and one against the victim.

The "primary aggressor" must also be written down in the restraining order, and this is the individual who is likely being abused.

"While the Order of Protection is in effect, it must be obeyed. If it is not obeyed by the person ordered by the court, that is grounds for contempt of court, which can result in jail time," explains Winborne Law.

There will be a hearing, so if you're served with protective orders, it's important to go to the hearing and defend yourself.

The abuser will often:

• Lie about the victim in an attempt to build a criminal case against the victim.
• Seek a protective order because the police will have difficulty determining who is breaking the protective order if both parties violate a protective order that's in place.
• Try and distract others from the abuse that has taken place. When a protective order is filed against the victim and granted, it makes it appear as if the victim is actually the one causing the domestic violence.

When an abuser uses the justice system to further attack their victim, it's a blow to the victimthat is supposed to be protected by the legal system.

If you're a victim of abuse, it's important to seek a protective order first. These orders are granted to victims of:

• Sexual assault
• Domestic violence
• Stalking

You can also seek a Temporary Order for Protection. This temporary order will require you to go in front of a judge and plea your case afterward for the order to be extended. When you file for protection, there will be the following people at the hearing:

• You, the petitioner
• The abuser, the respondent
• Lawyers
• Advocates

While lawyers aren't required to file an order, both the petitioner and respondent are allowed, by law, to bring a lawyer to the hearing. It's also recommended that a lawyer be present.

Advocates are present at the hearing, and these individuals are trained to help victims of abuse. The advocate cannot represent the petitioner in court, but they can go to the hearing with the victim and lend their support.

Victims of abuse will want to speak with an advocate to see how they can help the victim overcome their hardships after abuse.

When going to a hearing, it's important to have all of the legal paperwork in place. Evidence of abuse should be included, such as photos, police reports, witness statements and anything else that strengthens the case.

Advocates can meet the victim at their vehicle as added safety when walking into the court.