WHAT IS A CIVIL PROTECTION ORDER?

A civil protection order is an official document from a judge. When a judge issues a protection order, they are ordering an abuser to stop specific actions that help keep the victim safe. Civil protection orders differ from criminal protection orders (a.k.a mandatory retraining orders).

WHO IS ELIGIBLE FOR A CIVIL PROTECTION ORDER?

Courts can issue a temporary or permanent civil protection order against an adult or against a juvenile who is ten years of age or older to prevent physical abuse and threatened bodily harm, domestic abuse, emotional abuse of the elderly or an at-risk adult, sexual violence, and stalking.The person asking for protection does not need to show that they reported the abuse to law enforcement, that charges have been filed, or that they are pursuing a criminal case.

WHEN DOES THE ORDER EXPIRE?

A temporary protection order will note the date of expiration. Initially, a temporary protection order can last up to fourteen days. When issued, the court will schedule the next hearing, and the order will expire when you return. After personal service to the respondent, there are a few potential outcomes. See The Process Page for information.

WHAT CAN I ASK THE COURT TO ORDER?

Stop hitting, threatening, or harming you or your children;

Stay away from you and/or your children;

Stop contacting you and/or your children;

Order the abuser to move out of the home you share or out of your home if you can prove that physical or emotional harm would happen if s/he stayed in the home;

Stay away from your home;

Stop interfering with your job or school or do anything that would harm your employment or educational relationships/environment;

Give you temporary care and control of your children and order parenting time rights, supervised or unsupervised, which can last up to one year;

Give you temporary decision-making responsibility;

Order the abuser to continue to make payments on the mortgage or rent, insurance, utilities and related household services, transportation, medical care, or child care when the respondent has an existing duty or legal obligation;

Order the abuser not to hide or get rid of your personal effects, land, or homes that are yours alone or shared with the abuser;

Order the abuser not to threaten, harm, kill, hide, or take any animal owned by you or by a child of you or the abuser;

Make specific arrangements for the possession and care of an animal owned by you or by a child of you or the abuser;

Order both of the following if, after reviewing the petition, the judge determines that an act of domestic violence took place and it involved physical force or the threat or attempt to use physical force:

Order the abuser to not have firearms or ammunition while the order is in effect;

Order the abuser to give up any firearms that s/he currently has in his/her possession to a licensed firearms dealer, private party, or to law enforcement, and do anything else that the judge thinks is necessary for your safety.

ENFORCEMENT

If the defendant does anything prohibited by the protection order after it is served, the defendant has broken the law—call the police. When you go to court, tell the judge what the defendant has done. Inform the judge about threats made to stop you from going to court, to take or harm the children, to withhold money for your support, or threats against your family or friends. The protection order is in effect while you are in the courthouse. The defendant cannot speak to you while waiting for the hearing. If the defendant attempts to do so, immediately tell the bailiff, court clerk, or judge.