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Australian Commercial Law

In this discussion, going to take a look at protection orders and issues associated with obtaining and using them.

Helpful websites and handouts:


Animal Legal & Historical Center: http://www.animallaw.info/articles/ovusdomesticviolencelaws.htm

DV Civil Protection Orders by State: 
http://www.americanbar.org/content/dam/aba/migrated/domviol/pdfs/dv_cpo_chart.authcheckdam.pdf


For the purposes of this discussion topic please complete the following and respond to at least 2 of your classmates’ posts. Please use proper in-text citations and references to support your statements.

State Laws

1. Name of State:
2. What is an order of protection?
3. In your state, who qualifies for an order of protection?
4. Are same-sex couples addressed in the statute? Be specific
5. Are dating couples addressed in the statute? Be specific
6. What, if any, types of support are available through the order?
7. Does your state have legislation that allows pets to be included in dv protection orders? If yes, please explain
8. In general, do you think protective orders may be helpful?
9. What problems do you think survivors may have in obtaining and/or using a protective order? 

Sample Answer

Name of State: Michigan, U.S.

An order of protection is a court order whose purpose is to limit the behavior of a person or groups of people who may cause harm to others. In Michigan State, one can qualify for a protection order if he or she feels like there is a reasonable fear for their liberty or safety. Same sex couples are addressed in the statute as it recognizes same-sex marriages and prevents them from being discriminated against. On the other hand, dating couples are also addressed since domestic partnerships are also awarded certain benefits just as is the case with the other form of relationships.

There are three types of protection; First, domestic relationship personal protection order is when the court offers protection to an individual from his or her spouse who is highly likely to cause harm (Kethineni & Beichner, 2009). Second, there is the non-domestic personal protection against stalkers and abusers who do not have some kind of personal relationship with the victim. Lastly, sexual assault protection order offers protection from someone who has already been convicted of sexually assaulting the victim.

Michigan has legislation which allows pets to be included in dv protection orders as they are not only considered property, but part of the family. Protective orders may be helpful as an individual is given the right to keep a threat some distance away from them legally (‘Florida's Four Orders of Protection Against Violence’, 2003). Unfortunately, most survivors may experience problems in the sense that they may never be comfortable as they go through their day to day activities.

Resources for Survivors

Michigan Department of Health and Human Services

Address: 235 S. Grand Avenue

P.O. Box 30037

Lansing, MI 48909

Phone: 1-855-444-3911

URL: https://michiganlegalhelp.org/organizations-courts/courts/michigan-department-of-health-and-human-services

Michigan State Police department

Address: 7150 Harris Drive
Dimondale, Michigan 48821
Mailing: P.O. Box 30634
Lansing, Michigan 48909
Phone?: 517-332-2521

URL: https://www.michigan.gov/msp/0,4643,7-123-1579_1656---,00.html

National Domestic Violence Hotline

Phone: 1-800-799-SAFE (7233)

URL: https://michiganlegalhelp.org/organizations-courts/community-services/national-domestic-violence-hotline

References
Florida's Four Orders of Protection Against Violence: Distinguishing the Difference. (2003). Florida Bar Journal, 77(11), 31-35.

Kethineni, S., & Beichner, D. (2009). A Comparison of Civil and Criminal Orders of Protection as Remedies for Domestic Violence Victims in a Midwestern County. Journal Of Family Violence, 24(5), 311-321. doi:10.1007/s10896-009-9231-x

 

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