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Domestic Violence Protection Order Process

Jurisdiction of Courts

District, Municipal and Superior Courts all have the same authority in granting Temporary Orders for Protection. This ensures that immediate, emergency protection is available to victims in all areas.

District, Municipal and Superior Court all have the same authority in granting one year Orders for Protection UNLESS the case presents any of the following issues:

Child custody/visitation
Exclusion from a shared residence
Prior Superior Court action pending or on file between the parties

When a full Protection Order hearing will address any of these three issues, the case must be heard in Superior Court. Cases initiated in District or Municipal Court which contain any of these three issues must be transferred to Superior Court for the hearing on the full protection order.

District and Municipal Courts may still issue Temporary Orders based on these petitions, but the judge/commissioner will then sign an "Order Transferring Case and Setting Hearing". The case will be transferred to Superior Court and you will be told when and where to appear for your hearing in Superior Court on the full protection order.

If your case does not contain any of the above situations, the District or Municipal Court where you filed your petition can issue both the temporary and the full order.