Experiencing domestic violence is terrifying and overwhelming, especially when children are involved. Whether you’re dealing with physical abuse, emotional manipulation, or threats to your safety, you are not alone, and legal help is available.
This trauma-informed guide, provided by our friends from Vayman & Teitelbaum, P.C., explains your legal options for protection, including restraining orders, emergency custody, and support services to help you take the next step toward safety and healing.
What Is Domestic Violence?
Domestic violence is more than physical harm. It includes any pattern of behavior used to control or intimidate a partner or family member. This may include:
- Physical abuse (hitting, slapping, pushing)
- Emotional or psychological abuse (threats, isolation, manipulation)
- Sexual abuse
- Financial control (restricting access to money or employment)
- Stalking or digital harassment
If you’re in a relationship where you feel afraid, trapped, or constantly monitored, it’s important to recognize that this is abuse, and the law is on your side.
Your Legal Rights And Options
Every state has laws in place to protect survivors of domestic violence. The first step is knowing your rights and how to access them.
Protective Orders (Restraining Orders)
A protective order, sometimes called a restraining order, is a legal document issued by a court that restricts the abuser’s contact with you. It can:
- Order the abuser to stay away from your home, work, or school
- Prohibit contact by phone, text, or social media.
- Remove the abuser from a shared home.
- Temporarily assign custody of children.
- Grant you possession of a vehicle or other property.
Protective orders are often available quickly and confidentially, sometimes the same day you apply.
How To Get A Protective Order
Visit your local courthouse or contact a domestic violence shelter or legal aid office for help filing the petition. No lawyer is required, though legal support can be helpful.
Emergency Custody Orders
If your children are in danger, you can request temporary or emergency custody. Courts take allegations of domestic violence seriously, and protecting children is a top priority.
Emergency custody can:
- Temporarily grant you sole physical and legal custody
- Limit or supervise the abusive parent’s visitation.
- Protect children from being taken out of the state or country.
A judge will consider safety risks, past abuse, and the child’s best interests before issuing an order.
Police Reports And Criminal Charges
If you are in immediate danger, call 911. The police can remove the abuser from your home, file a report, and in some cases, make an arrest. Documenting incidents is critical for building a case and accessing support later.
You may also choose to press criminal charges, which can lead to jail time, fines, or mandatory counseling for the abuser.
Safety Planning Tips
Whether you’re ready to leave or not, having a safety plan is essential. Consider:
- Packing a go-bag with important documents, medications, keys, and cash
- Establishing a code word with friends or family for emergencies
- Storing evidence (photos, texts, recordings) safely
- Identifying safe places or shelters you can access quickly.
- Keeping your phone charged and accessible
- Contact a local domestic violence shelter or advocate to help you create a personalized plan.
Resources And Support
You don’t have to navigate this alone. Free and confidential help is available through:
- National Domestic Violence Hotline
- Legal aid services in your area
- Family law attorneys experienced in trauma-informed representation
- Shelters and crisis centers offering housing, counseling, and advocacy
Leaving an abusive situation is not easy, but with the right legal tools, safety resources, and community support, it is possible. The law provides real protection, and there are people ready to help you take the first step.
Remember, you deserve to feel safe, respected, and heard. If you’re ready to take action or simply have questions, a family lawyer can help. Every step forward is a decisive move toward healing and hope.
