How Civil Courts Protect Abuse Survivors When Criminal Charges Are Dropped

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Domestic and sexual abuse are unfortunately common, and victims often require protection from abusers. Criminal courts cannot always provide the protection victims need, but you can turn to civil courts for help. Your attorney can help you figure out how to get protection from a civil court.

Civil courts may issue various protection or restraining orders that prevent abusers from being near or contacting victims. While these orders do not necessarily impose criminal penalties against abusers, violations of orders may lead to serious legal consequences. Protection orders may be temporary or more long-lasting, depending on your situation and how you file your petition.

For a free legal review to start your case, call our sexual abuse lawyers with The Law Office of Andrew Shubin at (814) 826-3586.

How Can Civil Courts Protect Abuse Survivors if Abusers’ Charges Are Dropped?

Civil courts may provide protection to abuse survivors by issuing orders that prohibit abusers from having any contact with victims. How you obtain such an order and its terms and conditions will depend on your needs and the facts of your case.

Protection Orders

Protection orders may be issued by civil courts to protect victims of abuse. These orders may be issued before a defendant is ever convicted of an abuse-related offense, and the safety of victims is highly prioritized. Different states may refer to these orders by different names, and specific types of orders may be available for specific situations, like sexual abuse, domestic violence, or stalking.

Who is Covered by a Protection Order?

Exactly who is protected by a protection order will depend on the terms and conditions of the order and the petitioner’s specific needs.

Temporary orders are often more limited in scope and may last only a few weeks until a formal hearing is required, depending on your state’s and the court’s rules. More lasting orders may be imposed with greater restrictions against the abuser, and more people may be protected.

It is common in abuse cases involving married or domestic partners for protection orders to cover victims in addition to their family members.

Violations of Protection Orders

A key element of protection orders, and what makes them so powerful, is that they come with serious penalties for those who violate them.

How Long Do Civil Court Orders Protecting Abuse Survivors Last?

Protection or restraining orders may last for a short period or a longer period. How long it lasts depends on what kind of order the court issues.

Temporary Orders

Temporary orders may be issued quickly, but they typically last no more than a few weeks. In many states, victims of abuse may petition the court for temporary orders quickly and without having a formal hearing with the person they are seeking protection from. Often, abusers do not even know about the order until the court notifies them that the order has already been imposed.

Generally, temporary orders may last just long enough for courts to arrange a formal hearing on whether a permanent or longer-lasting protection order is necessary. The abuser may be present at this hearing and voice their objections or concerns.

Long-Term or Permanent Orders

Civil courts may also issue permanent protection orders, although they are not really permanent. Instead, these orders may last for years. It is common for permanent protection orders to last 2 to 5 years before an abuse survivor must renew them.

Renewing Protection Orders

As an existing order approaches its expiration date, our sexual abuse lawyers can help you return to the court that issued it and request a renewal. Depending on your state, you may not have to show that additional acts of abuse have occurred. How long your protection order may be renewed for also varies by state, and your attorney can help you.

FAQs About Civil Courts Protect Abuse Survivors

How Can Civil Courts Protect Abuse Survivors?

Civil courts may issue legal orders that prohibit abusers from being near or contacting victims. These orders, often called protection orders or restraining orders, may lead to serious penalties for abusers who violate them.

What Kind of Protection Orders Are Available?

Various orders may be available depending on the circumstances. Courts may impose protection orders related to domestic violence, sexual abuse, stalking and harassment, and other reasons. Your attorney should help you determine which type of protection order is most effective for your needs.

How Long Do Protection or Restraining Orders Last?

Protection orders may be temporary or long-term. Generally, protection orders issued without a criminal conviction, such as those issued after a victim initially reports the abuse, are temporary. A long-lasting order may be imposed after a hearing at which the person you need protection from is allowed to be present. Long-term orders may last for several years before they may be renewed, if necessary.

Who is Covered by Protection Orders?

Protection orders typically cover the person who claims they are being abused and in need of protection. Some orders may go further and protect the victim’s family members. This often comes up in cases where the victim and abuser are married, live together, or share children.

Can I Sue an Abuser if Their Criminal Charges Are Dropped?

Yes. If the prosecutor chooses to drop criminal charges against the person who abused you, or if the judge dismisses the charges, you may still sue the abuser in civil court.

What Happens if a Protection or Restraining Order Expires?

If a protection or restraining order expires, your attorney may be able to help you have it renewed. Depending on the nature of the order and how long it has been in place, this may require another petition filed with the court and possibly a full hearing where the abuser may be present.