KNOW YOUR RIGHTS

Domestic
Violence

CONOZCA SUS
DERECHOS

La violencia
doméstica

For immediate help callNational Domestic
Violence Hotline
1-800-799-SAFE or
1-800-787-3224 TTD

You CAN do something about domestic violence
Domestic violence is a pattern of many behaviors
directed at achieving and maintaining power andcontrol over an intimate partner, such as physicalviolence, emotional abuse, isolation of the victim,
economic abuse, intimidation, and coercion andthreats.
If someone is abusing you or someone in yourhousehold, you do not have to accept it—even if
your spouse is the abuser. The police and courts
can help you stop the abuse.

Where can you get help in an emergency?
In a crisis situation, call 911 or the police.
Many hospitals and social service agencies help
victims of domestic violence. Look in the Yellow
Pages under “domestic violence help,” “domesticviolence shelters,” “human services organizations,”or “crisis intervention” or search these terms andyour locality on an Internet search engine. In addition, every state has a coalition against domesticviolence. These coalitions can be valuable resources
for victims of domestic violence seeking services
and referrals. You can also call the National
Domestic Violence Hotline at 1-800-799-SAFE or
1-800-787-3224 TTD for immediate help.
It is important that you develop a safety plan to protect yourself and your children in the case of anemergency. Agencies, advocates, and shelters thatassist victims of domestic violence can help you
develop your safety plan. It is also important toupdate your safety plan as needed to addresschanging circumstances or new concerns.

Domestic violence is against the law
It is a crime in all states, though each state’s laws
are a little different.
Abuse can include:• physical attacks, including forced sexual relations• verbal abuse or harassment, including disrespectful or demeaning comments

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threats against you or another family member
creating disturbances at your place of work
harassing telephone calls
spying on you
child abuse

Domestic violence can be handled in three different
types of courts:• criminal court, where the state will prosecutethe abuser (possible crimes include abuse of
intimate partner, violation of a protection order,
elder abuse, murder, rape, assault, kidnapping,false imprisonment, property destruction, vandalism, trespassing, stalking, unlawful possession or concealment of a weapon, intimidating awitness, and many others)•

civil court, where you might address violation ofa protection order or sue for money damages(possible civil lawsuits include sexual harassment, personal injury)•

divorce, or family, court (family violence directly
affects divorce proceedings and can be a factor
in limiting or prohibiting the abuser’s rights tochild custody or visitation privileges)

Domestic violence might also involve child abuse
and neglect and might impact on other areas of law,such as public benefits, immigration status, etc.

A Court Order of Protection
Your fastest form of legal help is to get a Court
Order of Protection. A Court Order of Protection is
an official legal notice, enforceable in court, that
requires the abuser to stop the violence and abuse.
Relief available under a Court Order of Protection
can be tailored to your specific needs and canaddress your concerns. It can order the abuser tostay away from you and can prevent him from contacting you by phone, mail, e-mail, fax, or throughthird parties. It can force the abuser to move out ofyour home and give you exclusive use of the car.
The court may award temporary custody of children
to you, along with child support, spousal support,and the continuation of insurance coverage. The
police can arrest and jail the abuser for violating theorder.
To get a Court Order of Protection: Call the local
state’s or district attorney or tell the police you wantto get one. They will tell you who to contact. Youwill have to go to court.
In court, the judge needs to be convinced that you
have been threatened with violence or that you havesuffered abuse. Witnesses, including police officers,
can help your case. Depending on your state law
and how the court applies it, physical evidence isalso helpful, but not essential. Physical evidence
could include signs of physical abuse such as
bruises, photos of physical damage to property (thetable he smashed, the hole he punched in the wall),or objects used in an assault (the ashtray he threw,
the knife he brandished).

For Court Orders of Protection to work
The order should focus on your specific safety
needs. If you have children and are concerned fortheir safety, you must specifically request custodyand visitation restrictions or “no contact” orders.
You must call the police every time the orderis violated.
You should make lots of copies and carry a copy
everywhere, especially if it has custody or visitation
provisions.
A protection order is one tool that can help you gain
your independence and stop your abuser from hurting you and your children. You should contact adomestic violence advocate and a qualified attorney
in your area to discuss ways of ensuring the safetyof you and your children, which can include getting
a protection order.

Where can I get more information?
A national information and referral center is theNational Coalition Against Domestic Violence,
http://www.ncadv.org/or 303-839-1852. The

National Coalition maintains a listing of state coalitions against domestic violence that can beaccessed from their Web site. You can also call theNational Domestic Violence Hotline at 1-800-799SAFE or 1-800-787-3224 TTD for immediate help.
There may also be a local hotline number in yourarea, which you can get by calling 1-800-799-SAFE.
Many communities offer shelters for battered
women and their children. Details on these shelters
are available from the police, crisis intervention
services, hospitals, churches, family or conciliation
courts, departments of health and human services,or women’s organizations such as the local or state
chapter of the National Organization for Women(NOW).

Where can I find a lawyer?
Many state, county, and city bar associations operate lawyer referral and information services. Theseprograms can provide you with information on thelegal system and refer you to a private attorney withexpertise in family law. Check in the phone bookunder the name of the bar association or in theYellow Pages under “lawyer referral services,” oraccess www.abanet.org/legalservices/public.html.
Depending on your income, you may qualify for freeor reduced-cost legal services. Check with yourlocal bar association, look in the Yellow Pages
under “legal aid,” “legal assistance,” or “legal services,” or access the Internet site above.
This pamphlet focuses on broad legal principles andthe information provided should not be acted on
without professional advice. Contact a lawyer forthe specific law in your state. This pamphlet does
not necessarily represent the official policies of theAmerican Bar Association.

American Bar Association
Division for Public Education
541 North Fairbanks Court
Chicago, IL 60611-3314
Publication of this brochure is supported byMary Kay Inc.
marykay.com©1995, 2001 American Bar Association,
Division for Public Education