Definition of Abuse For an Order of Protection

The definition of abuse for an Order of Protection 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.  Please see Enforcing an Order of Protection for more on this.

Physical Abuse Includes:

• Hitting, punching, slapping, pushing, kicking, and other forms of physical harm
• Confinement or restraint
• Sleep deprivation
• Sexual abuse
• Conduct that creates an immediate risk of physical harm

Harassment Includes:

Harrassment is an action by the abuser that causes the victim emotional distress.   The following are examples of harrassment:

• Telephoning repeatedly and leaving too many voice mails or text messages
• Repeatedly keeping petitioner under surveillance
• Creating a disturbance at the the victim's place of work
• 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 dependant 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 is their own right to do or not do
  • Willful deprivation of necessities, such as food and medical attention
  • 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 help the victim in the following ways:

• 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 the victim's 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