Protective orders are legal orders issued by a court to protect individuals from abuse, harassment, or threats. These orders are designed to ensure the safety of victims by placing various restrictions on the abuser. There are different types of protective orders, each tailored to specific circumstances and relationships between the parties involved.
- Cohabitant Protective Order
- Specifically for parties that live or have lived together
- Requires that the court find that domestic violence or abuse has occurred, or that there is a substantial likelihood domestic violence or abuse will occur.
- Dating Violence Protective Order:
- Specifically for individuals in dating relationships.
- Requires the court to find that the individual has been subjected to, or there is a substantial likelihood the individual will be subjected to: abuse by a dating partner of the individual; or dating violence by a dating partner of the individual.
- Sexual Violence Protective Order
- Does not require that the individual have a relationship or have cohabitation with the perpetrator.
- Requires that the court find that sexual violence has occurred.
A Protective Order aims to protect individuals from violence or the threat of violence by means of ordering the alleged perpetrator to no longer contact you, to stay away from your home, work, school, place of worship, and no longer possess weapons. A Protective Order can not only protect you but other named individuals as well, even minor children. If children are involved, the court may enter specific orders on parent time to protect the children. If the perpetrator violates a protective order, they can be arrested and charged with a crime.
If your request is granted, the Court enters a Temporary Restraining Order until the matter can be heard by the Court. The hearing will be scheduled within 21 days of the entry of the Temporary Restraining Order. At the hearing, the Temporary Protective Order will be entered as a Protective Order or denied. If the Protective Order is entered, any civil provisions will be in effect for 150 days and any criminal provisions will be in effect for three (3) years.