Most adults know that if a partner (whether married or not) commits domestic violence or threatens domestic violence, the victim of the domestic violence can file a petition for an Emergency Protective Order (“EPO”). The petition will immediately go before a Judge without either party being present. If an EPO is granted, a hearing date will be set for no later than 14 days to see if a Domestic Violence Order (“DVO”) should be entered. At the DVO hearing, each party will have an opportunity to testify. If a DVO is granted, it can remain in effect for up to 3 years, and it can be renewed. If a DVO is granted, the perpetrator will not be allowed to be within 500 feet of the victim or communicate with the victim unless as may be specifically spelled out by the Judge.
The perpetrator will still be allowed to have parenting time with a child of the parties unless the Judge finds that the perpetrator committed or threatened to commit domestic violence against the child. If one party alleges that domestic violence was committed against a child, the Judge will appoint a Guardian Ad Litem (“GAL”), which is an attorney for the child. If a DVO is granted, the Judge may order that the perpetrator take a class known as the Batterer’s Intervention Program (“BIP”). Sometimes, if the perpetrator successfully completes BIP, the Judge will allow the perpetrator some time with the child. As the EPO/DVO Court is not a custody court, if the parties have further items to address that involve a child, the Court will, in most cases, explain to the parties that either party needs to file a custody action (or a divorce action if the parties are married) that will further address matters involving the child.