An Order of Protection is a valuable tool for many victims of domestic violence, but it's not a practical or safe option for everyone.
An order is effective only when the abuser is willing to obey it. He must also know that police, prosecutors and the court will enforce the order.
Your decision whether or not to obtain an protective order is complex. An order can prohibit further threats and violence, grant exclusive possession of the home and temporary custody of the children, order the abuser to stay away, prohibit disposal or destruction of property, and provide other supports for your safety.
Sometimes you might be required to get an order by a child protection agency, employer, shelter or public benefits worker to prove that you are taking legal action to protect yourself and your children. This requirement may contradict your assessment of what is in your best interest.
Seeking a protective order may be a discouraging experience. Perhaps everyone in the court knows and works with your abuser — the prosecutor, the attorneys and the judges. A judge may deny the order because you don't conform to standards of traditional femininity or ideal motherhood. Local law enforcement may delay or withhold serving it to uphold the traditional values of your community.
Never underestimate the potential danger in seeking an order.
Your abuser will probably fiercely resist your attempts to get an order. Protective orders are public record and will come to the department's attention. Possible professional consequences for him include:
Your attorney and advocate may not be fully aware of the possible negative consequences of protective orders. It may be up to you to educate them and explore:
There is much confusion and misinformation about gun laws as they relate to police officers. Federal law prohibits anyone subject to an order of protection from possessing a firearm, but police officers are allowed an "official use exemption." This means that an officer is allowed to carry his service weapon on duty, unless a protective order specifically states that he cannot carry a firearm at any time, or departmental policy prohibits him from carrying a weapon while subject to an order.
You, your advocate and attorney must be familiar with your state's laws and the employing department's policies for gun restrictions related to orders of protection.
Some departments have policies that require an officer to report that an order of protection was issued against him. It may not result in any intervention, however. Supervisors may see it as a marital dispute or a "he said, she said" situation that does not warrant any reassignment or disciplinary action.
Your initial or emergency OP is temporary. When it expires, you must return to court to request an extended order. You may have to appear in court multiple times before a long-term order is granted.
The abuser will have the opportunity to appear before the judge and tell his side of the story, and he will be prepared. He will likely deny all of the allegations and swear that he is not a threat to you. He may use any of the following tactics:
Judges may be reluctant to grant a long-term order when the respondent is an officer. If the judge denies the permanent order, it will reinforce the batterer's sense of immunity and entitlement. He may also use it later to show that you have a history of attempting to ruin his career through unfounded allegations.
Law enforcement agencies have a degree of authority over officers, within the bounds of collective bargaining agreements and state law, which may provide a type of order of protection outside the civil or criminal court system.
An Administrative Order of Protection is a direct order from the command level to refrain from specific conduct, such as going to your home and workplace, or contacting you via phone, e-mail, or a third party. It is enforceable by the department and if the officer violates it, the department can discipline him for insubordination. Explore this option in place of or in addition to any civil order.
Increasing Your Safety: Full Faith and Credit for Protection Orders explains how an Order of Protection is enforced across state, territorial or tribal lines. If an abuser travels across state or tribal lines and violates a protection order, the abuser can be punished under the laws of the jurisdiction where the violation occurred and also may be charged with federal crimes.
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Explanation of the Full Faith & Credit provision when you have a protection order and travel across state, territorial or tribal lines...