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Legal Info 
Remember, Domestic Violence IS a Crime.
You can call your local police or sheriff to get help: Dial 911
Arrest by the police
The police or sheriff can arrest the person who threatened, abused or assaulted you and or your family members if the police have "probable cause" or reason to believe a threat has occurred. Without a warrant, they do not have to make an arrest. But if they have enough evidence of the violent behavior, they can. If the police don’t make an arrest, you may swear out a warrant.
Getting a divorce
If you decide to end an abusive marriage, through divorce, you will need a lawyer. If you do not know a lawyer, you may call lawyer referral at 1-800-392-5660. If you can’t afford to pay for a lawyer, legal services may be available. If you file for divorce, you can seek an order restraining your spouse from abusing you. This may be granted on an emergency basis and without a hearing in certain situations. Additionally, you can ask for exclusive possession of your home while awaiting the outcome of the divorce. You can also seek temporary custody of and temporary child support for your minor children. The court will hold a hearing to decide whether or not to grant these before the divorce is finalized.
Getting a protection order
1. An order restraining the abuser from abusing you or your children.
2. An order evicting the abuser from your home and giving you possession of the residence.
3. An order preventing the abuser from entering your home, school, business or place of employment.
4. An order awarding you temporary custody of your children and establishing reasonable visitation rights.
5. An order directing the abuser to pay child support to you for the minor children if the abuser has a legal obligation to do so.
Forms can be obtained at the Circuit's Clerk's office in each county. There is no filing fee required to file a protection order; therefore, no Affidavit of Hardship is required.
You do not need a lawyer to file a protection order. Remember, though, that an order issued under this act is temporary and cannot last longer than one year. To be effective, it must be served on the abuser. If the abuser violates the order, he/she can be punished for civil contempt of court, which may result in a fine or jail.
Restraining Orders can also have different purposes.
A person may qualify for a Domestic Violence Restraining Order if there are both:
· A close relationship between that person and the person he or she wants protection from, and
· Actual or threatened abuse.
The person seeking protection can ask the court to grant the following types of Restraining Orders:
Personal Conduct Orders: These are Orders to stop specific acts against everyone named in the Restraining Order. This Order can stop the restrained person from doing the following things to people protected in the Order:
* Contacting;
* Sending any message (including email);
* Molesting;
* Attacking;
* Striking;
*Stalking;
* Threatening;
* Sexually assaulting;
* Battering;
* Harassing;
Are You Being Stalked? Tips for Protection
Being stalked is a life changing process. Stalking victims are in a state of constant fear 24 hours a day. The ongoing nature of stalking can cause traumatic psychological damage to the victim.
According to 1994 statistics, one million people in the United States have been stalked. High-profile cases of celebrities being stalked have raised the public's awareness to this crime. But the majority of stalking victims are ordinary people, mostly women, who are being pursued and threatened by someone with whom they have had a prior relationship. Approximately 80% of stalking cases involve women stalked by ex- boyfriends and former husbands. Some stalking cases involve ex- employees who are obsessed with the rejection of having lost a job.
Safety Tips to Follow In Your Car
* Keep your doors locked at all times.
* Keep your cell phone accessible at all times.
*Always keep a minimum of a half tank of gas in your car.
* Change Your Routine
* Don't drive the same route to work, to a friend's home or to run errands. Try to plan your routes in advance. Let family, friends, or neighbors know where you are going. Many victims estimate how long they will be gone running errands and if they aren't back at a certain time family, friends or neighbors can alert police officials.
* Familiarize yourself with the location of police stations, sub-stations, fire departments, hospitals, all night convenience stores, in the event you need immediate assistance.
* Watch your rear view mirror to see if anyone is following you. Be alert at all times!
Safety Tips When You're in a Public Place
* Keep your cell phone with you at all times and make sure to have it programmed for 911
* When you arrive at your destination, be aware of the activities in the parking lot. If you have an eerie feeling or you just don't feel safe - go with your "gut feeling" and leave.
* Upon entering the establishment, take a good look around to familiarize yourself with who is around.
* Be aware of where all exits are located and whom you can turn to for help.
* If you're in a restaurant or if you're at a fast food chain, sit where you can see who is coming and going.
*Always be aware of your surroundings.
*Before you return to your car, once again check to see if anyone is following you. If you even think there is, go back inside and ask someone to walk you to your car. Re-check the parking lot and areas around your car. Once you're safely in your car - lock the door.
*Remember have those car keys in your hand.
Safety Tips If Children Are Involved
* If your children attend day care, make sure the day care center or private sitter is made aware of the stalking and what to do if the stalker were to make contact.
* Leave the same information and copies of restraining orders as you would with your family, friends, neighbors and co-workers.
* The same applies to children attending elementary, intermediate and high schools.
* Know the whereabouts of your children at all times.
*Go over safety and emergency procedures with your children, a representative of their school, and what to do if the stalker appears or makes contact.
If you have any additional safety tips that have worked for you or other people that you know please share them with us.
All correspondence is confidential.
Are there any laws against stalking?
California was the first state to pass an anti-stalking law in 1990 in response to the stalking and murder of actress Rebecca Schaeffer. Since then, all other states have enacted anti-stalking laws
Federal law
Currently, there are few federal laws that deal directly with stalking.
· The Interstate Stalking Punishment and Prevention Act of 1996 punishes persons with a fine and/or imprisonment for crossing state lines "with the intent to injure or harass another person...or place that person in reasonable fear of death or serious bodily injury..." (18 USC § 2261A, 2261, 2262).
· Two laws authorize grants for law enforcement agencies to develop programs addressing stalking and for states to improve the process for entering stalking-related data into local, state and national crime information databases such as the National Crime Information Center. (42 USC §§ 3796gg, 14031)
· Another law requires a training program for judges to ensure that when they issue orders in stalking cases, they have all the available criminal history and other information from state and federal sources. (42 USC § 14036)
· As of September 1996, the Attorney General must compile and report data regarding stalking as part of the National Incident-Based Reporting System. (42 USC § 14038)
· The National Center for Victims of Crime has additional information on federal and state laws at its web site: http://www.ncvc.org/law/issues/Stalking/stalking_frames.htm
For More Information
To obtain a guide for stalking victims, write or call the National Center for Victims of Crime
2111 Wilson Blvd.
Ste. 300, Arlington, VA 22201
Phone: (800) FYI-CALL or (703) 276-2880
Web: www.ncvc.org
www.ncvc.org/src/
National Domestic Violence Hotline (NDVH helps victims find safe houses.)
(800) 799-SAFE, (512) 453-8117
Web: www.ndvh.org
E-mail: ndvh@ndvh.org
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