Domestic Violence Protection Order Process
Types of Protection Orders Available
"I need a Restraining Order."
This is what people often say to the Court Clerk when requesting an order to prevent abuse. However, this term can be confusing, because a restraining order is only one kind of court order. There are also domestic violence protection orders, no-contact orders, and civil antiharassment protection orders.
The following is a brief description of the different types of court orders available, to help you request the protection which best fits your situation. Ask the Clerk for a copy of a brochure about court orders if you need more information.
This is the most commonly requested order. It is a civil order from the court telling the family or household member who threatened or assaulted you not to harm you again.
A protection order CAN:
A protection order CANNOT:
Ask the Court Clerk for the forms to request an order for protection. After the forms are filled out, you will speak to a judge about your case. If there is an emergency, a temporary order that is good for up to 14 days will be issued. A hearing will be set within 14 days and the Respondent will be given notice of that hearing. At the hearing the court will decide if the order should be made effective for one year or longer.
This is broader than a domestic violence protection order, since it can deal with property issues, child support, spousal support, as well as domestic violence and temporary custody issues. A restraining order is filed as part of a divorce case, a paternity case, or other family law case. If you are concerned about preventing the Respondent from disposing of assets during your separation, you might contact an attorney to see about getting a restraining order.
This type of order does not require you to fill out a petition, because it is part of a criminal action. The court will decide whether to issue this order when it decides if the Respondent is to be released on bail or personal recognizance, or when the Respondent is arraigned (formally charged) or being sentenced. Generally this order does not last as long as a protection order, and it does not award custody, establish visitation, or order counseling. This order is intended to protect you while the criminal case is going on.
This order typically applies to situations when the persons are not married or related to each other, for example, in disputes between neighbors, and stalking (stranger-stranger) situations. This order is helpful when a person is being harassed but has not been assaulted or threatened with physical harm.
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