Getting a protective order has one goal: to provide safety to the protected individual. There are different kinds of restraining/protective orders, but this post will focus on a survivor obtaining a civil domestic violence protective order (DVPO). A civil DVPO is unique in that it will provide protection to an individual (it is a crime to violate a civil DVPO) but it doesn’t require an individual to go to the police. This may be important to a survivor who doesn’t want to involve the police or the criminal process, but would like legal protection from their trafficker.
First, if the survivor feels safe enough, seeking the assistance of the local crisis center here in New Hampshire is important. Crisis center advocates may be able to assist the survivor in how to file for a DVPO and provide support and guidance through the filing process. The survivor may be eligible for a lawyer, at no cost to them, to represent them at their final DVPO hearing. However, even if the survivor is eligible, it is not guaranteed that a lawyer will be available to represent the survivor for a DVPO. If an attorney is not available, this is what a survivor needs to prove to obtain a temporary DVPO in New Hampshire. This is intended as general legal advice for New Hampshire and does not guarantee a protective order.
What do you need to prove?
1. There needs to be an act of abuse. Physical assault (or attempted physical assault) is one of the acts of abuse that can be considered, but it is not the only act. Sexual assault is considered an act of abuse that can be used for a DVPO. There is also: criminal threatening, interference with freedom, destruction of property, unauthorized entry, harassment, or cruelty to animals. So, if the trafficker threatens the survivor, destroys their cell phone or some other belonging of theirs, stalks the survivor, or abuses the survivors pets, these are all considered “an act of abuse” that is needed for the first element to obtain a protective order. You only need to prove one and the judge needs as much detail on the abuse as possible.
For example, lets say a trafficker broke into the survivor’s apartment and broke their phone. How did the trafficker get into the apartment? Whose name is on the lease (is it just the survivor’s?) Is there damage where the trafficker broke in? Are there pictures of this damage? How did the survivor feel when they saw their trafficker? How did the trafficker obtain the phone? How did they break it? Who owned the phone? How did the survivor feel when their phone was broken? Breaking down the event into slow motion is crucial for the judge to understand what happened and how the survivor felt during this time. It also helps the judge understand the credible threat to the survivor’s safety.
2. There needs to be a “qualifying relationship.” Is their trafficker a family member? Was (or is) there a sexual relationship between the two parties? Is there a child in common? These are considered qualifying relationships that would meet the second element to obtain a protective order. If the trafficker does not fit under any of these categories and the trafficker is still reaching out to the survivor or following them and the survivor is afraid for their safety, the survivor may want to consider if a stalking petition is more appropriate.
3. The trafficker needs to present a “credible present threat to their safety.” How does the survivor feel knowing that their trafficker is still around? What abuse has happened in the past? Could that abuse continue? Based on the survivor’s experiences, what could happen if their trafficker found them? This is important for the judge to understand.
What Steps Should a Survivor Take?
If the survivor feels comfortable, they can see if an advocate from a crisis center can accompany them to court. If there is a language access need, the survivor should inform the court or crisis center (to the best of their ability) that they need an interpreter. I always tell survivors to write out their statement about how they know their trafficker, what abuse occurred, and how they would feel if they did not obtain a DVPO. Having the statement written out and ready for court is so important. Being in court is stressful, even as an attorney. Coming prepared with their statement makes it so the survivor just needs to put everything in the petition.
I also tell survivors to have something handy that they can “fidget with.” Whether it’s a hair elastic, scarf, handkerchief, stress ball, etc. something to ease their anxiety but isn’t distracting in court. The survivor should also run through their statement before they get to court as best they can, so they are prepared to speak about what happened to them. If the judge has enough evidence, they will enter a temporary DVPO and will set a hearing for a final DVPO within 30 days.
What if the Survivor gets a Final DVPO?
If a judge enters a final protective order, that protective order will be good for one year. The date of expiration will be on the final protective order. If a survivor does not obtain a final protective order, there are options. First, they can always call the police of they feel unsafe at any time. If there are any new acts of abuse (that fall under one of the categories above) they can always refile for a new DVPO. The survivor should also work with a crisis center advocate, or someone with similar training, around safety planning and taking care of themselves. The ultimate goal is to feel safe!
Conclusion
Survivors of human trafficking who are trying to remove themselves from their trafficker have a difficult path to travel. It is difficult enough without the presence of their trafficker. However, having their trafficker be a continued presence in their life can make removing themselves from that life even more difficult. Thankfully, there are legal remedies available to a victim of human trafficking. If you are interested in seeking assistance from a crisis center, click this link to learn where your closest crisis center is: https://www.nhcadsv.org/member-programs.html
You can also go straight to the courthouse and file for a protective order without a crisis center advocate. Ask the clerk for a domestic violence petition and they should give you one.
By Jessica Hersom
NH Legal Assistance
Task Force Partner