The courts can offer legal support to individuals trying to leave violent situations. A protection from abuse order can limit the likelihood of a spouse or former romantic partner continuing their abuse. If they violate the order, then the other party can report the matter, which can lead to consequences for the party subject to the order.
Typically, the person seeking the order needs to plan in advance whenever possible to streamline the process of securing an order for their own protection. Gathering evidence is part of that process. What evidence is typically necessary?
There must be proof of prior abuse
For the courts to agree that an order protecting an individual from future abuse is necessary, there must be documentation validating the claim that prior abuse occurred. Police reports and criminal charges can help substantiate allegations of previous abusive conduct. Medical records can also help prove that one party sustained injuries caused by the other.
Records of digital communications, videos recorded on mobile devices depicting an assault in progress, pictures of injuries and witness testimony can all also help support claims that abuse has occurred. Given that the request for the order is a civil matter rather than a criminal one, the amount of evidence required is lower than what a prosecutor might need to charge the abuser.
Working with a family law attorney can help people pursue protection from abuse orders and gather the documentation they need to convince the judge that an order is necessary. The right preparation can help protect people while they exit a violent relationship, which is often the most dangerous time for them.
