When it is your family in danger, there should never be a question about whether or not you can get a restraining order. A restraining order is intended to protect you from harm or harassment. It can stop the abuser from coming to where you live or your place of work.
The good thing about a restraining order for the abuser is that it is a civil order. This means that they won't immediately have a criminal record. For people who worry that they don't want to cause a spouse to have a criminal record due to calling the police, this is a good legal design.
Anyone can get a restraining order as a victim of domestic violence. Once a judge signs an Order of Protection, the abuser will have to stay away from the victim. Initially, orders are temporary, but they may be extended or made permanent upon review of the case.
The protective order will be very strict about what the alleged abuser can or cannot do. For instance, the abuser will likely not be able to have contact with you in any way. The court can ask the abuser to leave the home, even if it is in their name.
There are some exceptions, but in most cases, the court will grant you custody of any minor children you have with the alleged abuser. The hope is that doing this will protect the children as well. However, keep in mind that the alleged abuser may be able to obtain visitation with the child or children under certain conditions as determined by the court.
