______________________________________________________________ Understanding Domestic Violence
Options for child exchanges may involve enlisting the assistance of a trusted family member or friend to facilitate the exchange. Alternatively, exchanges could occur at neutral locations such as a police station to minimize contact between the survivor and the abuser. Additionally, provisions should be made in the custody agreement to address situations where both parents need to attend the same event for their child, such as school conferences or sporting events. It’s essential to clarify in the custody agreement how such scenarios will be managed. Some parents may opt to alternate attendance at events, while others may attend only on the days they have custody. Importantly, the survivor should refrain from extending invita- tions to the abuser for such events, as doing so would violate the order of protection and could be used against the survivor in legal proceedings. An order of protection can last from one to five years, and in extreme cases, a lifetime. In the event a survivor’s protection order expires and they still feel in danger, there is an option to renew it. Depending on your jurisdiction, a protection order may encompass the following provisions: • Prohibiting the abuser from contacting, intimidating, threatening, or otherwise interfering with the survivor, as well as any other individuals identified by the court, such as family members. The abuser may be mandated to maintain distance from the survivor’s residence, workplace, school, or any other designated locations. • Restricting the abuser from communicating with the survivor via email, text messaging, or social media platforms. • Granting the survivor custody of any shared children. • Extending protection to other household members, including children, relatives, and pets. • Requiring the abuser to vacate the shared residence, commonly referred to as a “kick-out order.” • Compelling the abuser to relinquish firearms or prohibiting their acquisition. FIREARMS AND ORDER OF PROTECTIONS In many cases, the abuser is required to surrender their firearms after an order of protection is issued. It is against the law for anyone with a qualifying protection order against them to have firearms. According to federal law, a qualifying relationship is one where the survivor is (National Center on Protection Orders and Full Faith & Credit, 2022): • A spouse or former spouse of the defendant (in this context, the defendant is the abuser) • A person who lives or has lived with the defendant in an intimate relationship (not as roommates)
• A child of the defendant and/or survivor (even if parental rights have been terminated) • A person with whom the survivor or defendant has had a child Unfortunately, dating partners are left vulnerable to gun violence as dating isn’t considered a “qualifying relationship.” This is referred to as the “dating loophole.” Some survivors of abusers who are in law enforcement or the military are also at increased risk as protection orders will make an exception for those individuals who need to possess a gun as part of their official job duties (Flannery, 2023). VIOLATING ORDER OF PROTECTION While protection orders serve as a deterrent for some abusers, research from the National Institute of Justice and the Centers for Disease Control and Prevention indicates that between half and two-thirds of such orders are violated (DomesticShelters. org, 2015). Violating an order of protection can result in fines, imprison- ment, or both. Typically, such violations are categorized as misdemeanors, although certain circumstances may elevate the offense to a felony. For example, if the violation occurs in conjunction with another criminal act like vandalism or assault, many jurisdictions will upgrade the charges to a felony (Mahmood, 2023). At the misdemeanor level, offenders may face imprisonment for up to one year and fines amounting to thousands of dollars. Conversely, at the felony level, offenders could be sentenced to at least five years or more in prison, accompanied by sig- nificant fines. In some states like Massachusetts, if law enforcement wit- nesses or has reasonable cause to believe that the defendant has violated a restraining order, they are obligated to immedi- ately arrest the defendant. While an abuse prevention order is a civil order, violating certain provisions of the order can constitute a criminal offense. Acts such as violating the terms prohibiting abuse, contact, leaving or staying away from home or work, and surrendering firearms are all criminal offenses (Mahmood, 2023). This type of violation carries penalties of up to 2.5 years in the House of Corrections. A guilty verdict may lead to proba- tion or imprisonment, and a criminal record, even a finding of guilt without a formal conviction, can impact employment, housing, citizenship, or lead to deportation. Moreover, failure to comply with child support or other finan- cial obligations stipulated in the order can result in a hearing for contempt of court. In the event of a violation, the victim should promptly notify the local police department and pro- vide them with detailed information regarding the incident (Mahmood, 2023).
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