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Legal advocacy services are provided to domestic violence victims and/or their significant others or advocates.
The purpose of legal advocacy is to explain the criminal justice system, the civil court system, the
legal system, the client’s rights, etc.
Legal advocacy may also include accompanying the client to court, the police station, Legal Aid or a private attorney. Legal advocacy may also include working
on the client’s behalf with representatives of the various legal and criminal justice systems.
We also provide legal advocacy services around issues related to Protection From Abuse.
What is the definition of abuse under the PFA?
…Verbal, mental and emotional abuse are not recognized as abuse in the PFA Act.
Under the PFA, the definition of abuse is:
… Causing or trying to cause physical harm, with or without a weapon;
… Putting someone in reasonable fear of imminent serious bodily injury;
… Holding someone against one’s will or interfering with a person’s freedom of movement;
… Rape or sexual assault (Must be committed by either a spouse; former spouse; parent of your child; your parent; your child; current or former sexual/intimate partner; or family or household member if related by blood or marriage.);
… Repeatedly stalking/harassing someone, causing that person reasonable fear of bodily injury.
What type of protection can you get with a PFA order?
The judge may:
…Order the abuse to stop;
… Evict the abuser from the home;
… Establish temporary custody and visitation;
… Order the abuser to temporarily pay support and/or reimburse out-of-pocket losses;
… Order the abuser to refrain from any contact.
... Order the abuser to relinquish all weapons and prohibit them from acquiring weapons for the duration of the PFA Order.
Against whom can you file a PFA?
…Spouse - former spouse - parent of your child - your parent - your child - current or former sexual/intimate
partner - family or household member if related by blood or marriage
What happens if the abuser violates the PFA?
…The abuser could be fined up to $1,000, imprisoned up to six months, or both.
Is there a cost to file the PFA?
…The court imposes a fee to file a PFA petition. There may be an additional fee for Sheriff’s service.
If you do not wish to proceed with the PFA, you must notify the office of the judge who signed the petition or appear at the judge’s courtroom the day of the hearing.
The
filing and/or service fees will not be assessed to the plaintiff. A plaintiff may not be prohibited from filing for a PFA Order because they owe outstanding costs for a former PFA Order.
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