Legal Aid may be able to assist survivors of domestic violence

By Tonya Sams

Even though financial, emotional, and mental abuse can be considered domestic violence, when interacting with the legal system it is important to understand what the legal definition is, especially if you are seeking a protection order.

“The law defines domestic violence as causing physical harm to a current or former romantic partner, parent of one of your children, or a family or household member,” said Lindsey Grdina, Senior Attorney in the Family Law Practice Group at The Legal Aid Society of Cleveland. “This includes threats to harm someone and stalking them.”

Abusers will often isolate their target from friends and family. They will seek to control the other party’s finances and question them about all their social interactions. When the victim speaks up for themselves, the abuser will gaslight them or become emotionally unstable.

“What starts as just some bad fights can quickly turn into physical violence. This is when most survivors will seek the assistance of the police or will try to get a protection order,” said Grdina.

There are ways that survivors can protect themselves against their abusers including obtaining a Temporary Protection Order (TPO) or a Domestic Violence Civil Protection Order (DVCPO).

“If an abuser has been charged with a crime of domestic violence, menacing by stalking or criminal trespass, you may qualify for a TPO through the criminal court. It can cover your children and anyone who lives in your house. The judge in the criminal case will issue the TPO usually at the time that the abuser is being arraigned and it can have an additional penalty for violating it,” Grdina said.

The guidelines for a DVCPO are a little different.

“To obtain a DVCPO, the abuser has to be a family or household member, a current or former dating partner, or the parent of one of your children,” said Grdina. “The applicant must file paperwork at the Domestic Relations Court. If you are asking for an emergency order because there is an immediate safety concern, you can be heard by a magistrate that day and obtain an emergency protection order. Within two weeks, a full hearing will be held so that both parties have an opportunity to tell their side of the situation to the magistrate. After a hearing, it’s up to the magistrate to decide if a DVCPO should be issued, who should be protected in the order, and how long the order should last.”

While a TPO ends at the conclusion of a criminal case, a DVCPO can last up to five years and can be renewed.

Are you a victim of domestic violence? Legal Aid may be able to help! Come to a Legal Aid Brief Advice Clinic and speak with an attorney for free. See lasclev.org/events for clinic dates and locations. To apply for free legal services, call 888-817-3777 or complete the intake form online: lasclev.org/apply.

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The Plain Press - Legal Aid may be able to assist survivors of domestic violence 
The Lakewood Observer - Legal Aid May Assist Survivors Of Domestic Violence