Orders of Protection
Orders of protection restrain a person from abusing, stalking, and assaulting, or harassing another person.
More About Orders of Protection
A person or child who is in immediate and present danger or who has been the victim of stalking or harassment by a current or former spouse, an adult related by blood or marriage, a current or former roommate or an adult with whom they have a child in common may seek an order of protection.
In order to obtain an order of protection, a petition for order of protection must be filed in the court. The petition may be filed in the county in which the victim resides, where the abuser resides or may be served, or where the act of violence occurred. The petition must contain the factual allegations of the abuse and the relief that is being requested from the court.
After the court reviews the petition, the court may enter an ex parte order of protection. This is when the court issues a temporary order before the Respondent, or the person against whom the order is directed, has received notice of the petition or an opportunity to be heard in court. If an ex parte order of protection is granted, the court will give the Respondent the opportunity to be heard in court before a full order of protection is granted.
A full order of protection is issued after a hearing on the record when the Respondent has received notice of the proceedings and has had an opportunity to be heard. When a full order of protection is granted, it typically remains in place for a period of 12 months. Some automatically renew for an additional 12 months. Others can be extended if the moving party makes timely application for an extension with supporting evidence.
An order of protection may prohibit a person from:
- Communicating in any manner or through any medium with the person who obtained the order of protection
- Entering the residence, place of employment or school of the person who obtained the order
- Being within so many feet of the person who obtained the order of protection
- Committing or threatening to commit domestic violence, stalking, molesting, sexual assault or disturbing the peace of the person who obtained the order of protection wherever they may be found