Who Can File For An Order Of Protection In Family Court? - Sun and Planets Spirituality AYINRIN

Who Can File For An Order Of Protection In Family Court? - Sun and Planets Spirituality AYINRIN

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When a crime has been committed and the case goes to a Criminal Court, there is no question raised as to the relationship, if any, between the parties. If you are attacked or harmed by a stranger, the criminal authorities through the police and the District Attorney’s office will seek out the perpetrator and bring them to justice. If you are attacked or harmed in your home by a spouse or child or partner they will be arrested and you will likely receive an order of protection.

However, if you are threatened with harm or pushed or shoved and there is no observable physical injury, you will be most likely be told to seek a civil order of protection from the Family Court. In this instance, the relationship between the parties matters, as each state has jurisdictional laws as to who may seek protection from a perpetrator.

Below are several state’s victim-perpetrator relationship jurisdictional requirements for seeking a Family Court or civil order of protection as listed on Womenslaw.org:

Washington State: a victim of domestic violence at the hands of an “intimate partner” or a family or household member.

Intimate partner is: spouse or former spouse, domestic partner or former partner; someone with whom you have a child in common unless conceived through sexual assault; someone you are dating provided you are both over the age of 13.

Family or Household member is defined as: someone related to you by blood, marriage, domestic partnership, or adoption; someone you live with or have lived with; someone who has a biological or parental relationship with you including step and grandparents or a parent’s intimate partner and their children; a person acting as your legal guardian.

North Carolina: You can seek legal protection from acts of domestic violence done to you or your minor child by someone you have had a “personal relationship” with which includes:

Your spouse or ex-spouse; a person of the opposite sex with whom you live or used to live; someone with whom you have a child in common; a current or former household member; someone of the opposite sex whom you are dating or have dated; parents, children, grandparents, and grandchildren.

If no personal relationship, you may be entitled to a civil “no contact” order that can protect a victim from unwanted sexual contact, stop stalking you, and stay away from you.

Kentucky: you can file for an order due to acts of domestic violence and abuse committed against you or your minor child by any of the following people, defined as family members or members of an unmarried couple:

Your current or former spouse; your parent or step-parent; your adult sibling; your child or step-child; your grandparent or grandchild; a boyfriend/girlfriend with whom you are currently or formerly lived as a couple; a boyfriend/girlfriend with whom you have a child

New York: To get an order of protection, you must allege one or more family offenses against you including:

Stalking, menacing, harassment, aggravated harassment, disorderly conduct, reckless endangerment, assault, attempted assault, criminal mischief, sexual misconduct, strangulation, criminal obstruction of breathing or circulation, identity theft, grand larceny, coercion.

You must be related by blood, marriage, in an intimate relationship (New York added “intimate relationship” in 2008 or have a child in common. Prior to adding intimate relationship, New York’s definition of those who could seek an order of protection was the narrowest in the country. It may now be the broadest as courts interpret the meaning of an “intimate relationship.” LS. v. L-D. A., 2024 NYLJ LEXIS 1571 (the court held the alleged relationship between the parties may be considered an intimate relationship pursuant to Family Court Act 812 (1)(e). The parties had a relationship between Apr. and May of 2021, which included sexual intercourse on more than one occasion, as well as ongoing communication during that period. Further, the parties continued to be in a relationship with each other due to the petitioner's ongoing relationship with the respondent's husband and child).

Texas: you can apply for a protective order on behalf of yourself and/or your child if you meet one of the following:

The abuser is a family or household member defined as: a current or former spouse, blood relative such as a parent, sibling or child; relative by marriage (in law); person with who you have a child in common; household member; foster parent; foster child; the abuser is the ex-spouse or ex-boyfriend/girlfriend of your current spouse or current significant other.

Differing jurisdictional requirements

Of the five states cited herein, each state defines the relationship between the victim and the abuser differently thereby precluding certain victims from being able to obtain a protective order or order of protection against a perpetrator who does not fall into the named category of the “intimate” relationship between the two depending on the state.

This can place someone who is being threatened, menaced or stalked in a dangerous position because they cannot get help unless a crime prosecuted in criminal court such as a physical assault is committed against them. The police are not behavioral interpreters. The police can observe and see a cut, bruise or scrape and make an arrest based upon that. While an order of protection will not stop a bullet or a knife, it does provide the victim with a level of protection and places the perpetrator on notice that if he does commit a crime against this victim, there will be legal consequences such as jail time.

You may be entitled to a Family Court order of protection in one state but not another. How “intimate partner” is defined may impact on whether you can seek an order of protection.

For example, in New York, Kentucky, North Carolina and Washington you are not automatically entitled to seek an order of protection against your spouse or partner’s ex. In Texas, the right to seek an order of protection against your spouse’s ex is provided by statute.

In North Carolina you are not entitled by statute to seek an order of protection against an ex-partner if you were in a same sex relationship, whereas you would be entitled to seek same in Washington, Kentucky, New York and Texas.

Do states enforce orders of protection from other states?

Each state has its own laws as to the basis to issue an order of protection and to extend or modify it. However, an order of protection in a state other than the issuing state must be enforced as if that state issued the order. Each state has its own rules as to registering or filing the order for enforcement.

National Crime Information Center (NCIC)

The NCIC is a nationwide electronic database used by law enforcement agencies in the U.S. Canada and Puerto Rico. It is managed by the FBI and state law enforcement officials. Both civil and criminal orders of protection can be entered.

Should there be uniformity among states as to who can apply for an order of protection?

Family law is state law just as criminal law is state law. Each state defines its own jurisdictional requirements to seek an order of protection and defines who can seek an order of protection. While federal law under VAWA (Violence Against Women Act) ensures enforcement of these statewide orders nationwide, the issuance of the orders and for whose benefit is up to the individual state.

The determinations of who and how orders of protection can be obtained is codified in state statutes written by state legislatures and in the case law of the courts in the individual states.

Your ability to obtain protection may be based on the state you live in or the state where the underlying incidents occurred.

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