Definition of Abuse
for an Order of Protection

The definition of abuse for an Order of Protection (OP) is very specific. Some activities, in addition to being abusive, are considered crimes. Other abusive activities are criminal only if there is an OP in place. (See ENFORCING ORDERS OF PROTECTION for more on this.)

Definition of Abuse:

• Use of physical force, confinement or restraint.
• Sleep deprivation.
• Sexual abuse.
• Conduct that creates an immediate risk of physical harm.

Harassment Includes:

Intentional actions which are not necessary to accomplish a reasonable purpose under the circumstances; which would cause a reasonable person emotional distress; and do cause the petitioner (victim) emotional distress. The following are presumed to cause emotional distress:

• Creating a disturbance at petitioner's place of employment.
• Repeatedly telephoning.
• Repeatedly keeping petitioner under surveillance.
• Repeatedly following petitioner about in public.
• Peering in petitioner's windows.
• Repeatedly threatening to remove child(ren) from jurisdiction of the court.
• Concealing the child(ren).
• Use of physical force, confinement or restraint. Sleep deprivation. Conduct that creates an immediate risk of physical harm.
• One such threat after an actual removal:
  • Subjecting a person who is a dependent because of age, health or disability to participation in or witnessing of physical abuse.
  • Interference with personal liberty.
  • Threatening abuse to compel a person to do/not do what she has a right to do or not do.
  • Willful deprivation.
  • Denial of medication, medical care, shelter, food, therapeutic device or their physical assistance which exposes a person to risk of physical, emotional or mental harm.

What An Order of Protection Does

An Order of Protection can have the following effects or remedies:

• Prohibit further abuse or threats of abuse.
• Remove or exclude the abuser from the residence.
• Order the abuser to stay away from the victim, children and from her place of employment, children's school, etc.
• Prohibit destruction or disposal of property.
• Prohibit the removal or concealment of the child(ren), or order the return of the children.

• Order payment of child support, medical costs, and legal expenses.

• Award temporary custody.

• Provide for visitation for the abuser.

• Order the abuser into counseling.

• Prohibit alcohol/drug use in the home.

• Provide other relief as necessary or appropriate.