Courts and law enforcement are often the first resources victims of domestic violence turn to in times of need.
To help protect these victims better, several officials, including court clerks and law enforcement officers, attended a seminar Tuesday about how to file a domestic abuse protection order (DAPO).
The seminar was hosted by Anna Norman, project coordinator for the state Attorney General’s Office Bureau of Victim Assistance.
“We’re just trying to make sure we get a better understanding of those domestic violence protection orders,” said Leflore County Circuit Clerk Elmus Stockstill. “We don’t want the victim to be victimized again.”
A DAPO is a special kind of restraining order available for victims of domestic abuse. In order to file for one, there must be a qualifying relationship between the victim and abuser. A victim is not required to have an attorney present to file the order.
Norman said the alleged victims are not to bear the costs of filing an order, though they may be assessed if the allegations are found to be without merit. The alleged abuser may be assessed these costs if the allegations are found to be accurate.
In questions of jurisdiction, Norman said that clerks should accept order applications from victims and allow judges to determine whether the venue — county court or municipal court — is appropriate for filing. Jurisdiction is determined by where the alleged abuser lives or where the alleged abuse takes place.
Municipal and justice courts issue temporary orders, which are valid for one year if there are no children in common or 30 days if there are children in common. Only chancery and county courts can issue final orders.
She said all four courts can issue emergency orders, which can be done without the alleged offender present. Hearings must be held within 10 days of issuance of the order or as soon as possible.
The alleged abuser must be served in person with the petition and a summons to appear at the court hearing.
- Contact Kevin Edwards at 662-581-7233 or kedwards@gwcommonwealth.com.
