What You Should Know About Protective Orders with Uswah Khan

Her Empowered Divorce

Oct 11 2023 • 41 mins

Domestic violence is a deeply troubling and pervasive issue that affects countless individuals and families worldwide, and you don't have to go through it. Legal measures, support systems, protection orders, and domestic violence agencies and centers are set up to provide you with the support, protection, and peace of mind you deserve. Recognizing that help is available and reaching out to these resources can be a powerful step towards breaking free from the cycle of abuse, regaining control of your life, and rebuilding your life in safety and dignity. You are not alone. There are people and organizations ready to stand by your side and help you on your journey toward a life free from violence. In this episode of Her Empowered Divorce, your Host, Beverly Price, talks to Uswah Khan, an Assistant Attorney General. Together, they discuss domestic violence, steps to take if you are in an abusive relationship to get support, and how protection or restraint orders work.

KEY TAKEAWAYS:

●     There are Justice legal centers set up all over the country and domestic violence agents, so if you're in an abusive marriage, seek help. This will help you understand what you need and the mindset you need to have to execute a safety plan.

●     What do I need to tell my attorney about my domestic violence history? You should tell the entire history and be truthful in everything. Don’t just show the video or audio of you being mangled. The precursor to that should also be there.

●     What is a protection and restraining order? Restraining or protective orders are Identical and protect a person the same way. The protective order comes from the criminal law, and it’s issued when the police arrive at a criminal scene, while for the protective order, you have to go into civil court and apply for it.

●     Are restraining orders effective? Restraining orders at 100% effective. It becomes less effective when one party chooses not to use the protection to their advantage by allowing the abuser back in their life.

NOTABLE QUOTES:

●     It is very important for judges to know that women who have domestic violence in their divorce have gone through a trauma, and anytime we have a trauma, it is hard to talk about it; things get fragmented in our mind, and we may want to forget about some parts, and it might come off like not truthful. (Uswah)

●     If you are living with an abuser, do not live without expert domestic violence support and a safety plan because so many women are murdered when they leave an abuser without a safety plan. (Beverly)

●     It takes tremendous courage to speak up and take that step to go and talk to somebody, so as a practitioner, you want to make sure that their finances and housing are not a problem because these are the things that make them scared and go back. (Uswah)

●     For two people who are just together and not legally married, there is nothing on paper about how things will be divided out, and there is nothing one can do to be compensated financially. (Uswah)

●     Just as children don’t make up lies about abuse, most of the time, victims don’t make up lies about their abuser either. (Uswah)

●     If you want to leave an abuser, start by calling a domestic violence hotline. It’s not scary; they will just do an intake of your information and refer you to a nearby center, where you can meet with a counselor who will help you create a plan and a goal. (Uswah)

US Domestic Violence Hotline: 8007997233

ABOUT OUR GUEST:

Attorney Uswah Khan practiced family law in