The holidays can often mean travel, family gatherings, and changes in children’s schedules. While the holiday season can be an exciting time for many, the upheaval can compromise safety planning for those experiencing a domestic violence situation. Survivors not only need to consider where they can go to escape immediate danger but also how to file for legal protection and manage contact that involves children.
“People who have experienced abuse, stalking, or the threat of domestic violence should plan for their physical and emotional safety ahead of the holiday season,” says Rachael Bennett, a Certified Family Law Specialist from Sullivan Law & Associates in California. “This can be particularly important if they know an abuser will be present.”
Emergency protective orders (EPOs) can provide a measure of safety and be an important legal safeguard, but they often work best when paired with an individualized safety plan. Understanding what an EPO can accomplish and what additional steps may be required to make an order more ironclad can help domestic violence survivors make more informed decisions about keeping themselves safe through the hectic holidays.
Understanding emergency protective orders
Many people have heard of EPOs, but most do not have to understand their complex nature until they need one. “Depending on the jurisdiction, emergency protective orders can even have different names. They can be called temporary restraining orders, and then there are ex parte orders, which can come with a subsequent hearing in front of a judge. The eligibility, procedures, and deadlines may vary depending on local laws,” explains Bennett.
The protections under these orders also vary. An order may prohibit contact, require the accused person to stay away from certain places, or address custody or visitation needs. Survivors should make sure they understand who is covered under a particular order.
“An emergency protective order is an important first step, but it may not address every safety concern,” explains Bennett. “Survivors should understand the limits of their order and what additional steps they can take to protect themselves and their families.”
Planning around the holidays
The holiday season can be complicated, not only for families, but for the court system as well. Domestic violence survivors should consider how protection requests are handled outside of normal business hours and during the busier end-of-the-year season. Survivors can reduce uncertainty and anxiety by familiarizing themselves with procedures before the holiday season begins.
To prepare a request for protection, survivors should collect as much evidence as they can, including threatening messages, photographs, medical records, and a written account of any incidents. Once an order is issued, survivors should make sure they understand the scope of the EPO when it expires, the date of the next hearing, who is responsible for serving the abusive party, what conduct the order restricts, and what to do if the order is ignored.
Pairing legal protection with a practical approach to safety
While an EPO can be a powerful legal tool, it is not a guarantee that an abusive person will comply with the law. Survivors still need a practical strategy for not only safely navigating the holiday season but also for reaching help should their safety be immediately compromised.
First, survivors should keep an accessible copy of the EPO with them at all times. They should also share it with their workplace security and children’s schools or childcare centers so that they can support the plan as well.
“An emergency protective order and a comprehensive safety plan serve different purposes,” says Bennett. “While the order establishes the legal boundaries, a safety plan allows people to prepare for what happens if those boundaries are ignored.”
Around the holidays, safety planning can include identifying trusted contacts and safe places to stay if someone needs to leave their home, packing an emergency bag, arranging transportation, and even arranging accommodations for pets, if needed.
Survivors should also consider technology when they are creating a safety strategy. Internet use can be monitored, and a more secure device may be necessary if one is trying to, for example, research shelters or make relocation plans.
Moving forward with legal protection and safety plans
EPOs remain an important safeguard for those facing the threat of domestic violence. They can remain a safeguard even if a person decides to relocate or cross state lines.
“A restraining order doesn’t lose its effect just because you cross state lines,” explains Bennett. “Federal law requires other states to recognize and enforce a valid restraining order, even if you haven’t registered it there. This is especially important for people escaping abuse, who can move somewhere safe without having to start the legal process all over again.”
Relocating with children can require additional planning and care. A protective order does not automatically authorize a permanent move or override existing custody and visitation requirements. State laws may require court permission or changes to an existing order. Although emergency custody relief may be available when a child or parent faces abuse, it does not necessarily settle long-term custody or relocation questions. People facing a domestic violence situation should consult with a lawyer to ensure that they understand what protections are available to them and their children, and how to navigate legal protections when a custody arrangement is already in place.
Ahead of the holidays, the goal should be to create a solid safety plan to accompany any legal protective order. Focusing on both can help survivors prepare for immediate risks and navigate their next steps towards safety.
