WHAT IS AN ORDER OF PROTECTION/RESTRAINING ORDER/INJUNCTION?
There are two kinds of protection orders: Temporary Protection Orders (“TPO’s”), and Extended/Final Protection Orders.
TPO’s can be issued for up to 15 days. In order to obtain a TPO, you must file an application.
A TPO must be served by law enforcement to the other person.
A TPO may be extended for good cause, including obtaining service on the other person.
Protection Orders can offer different types of protection including multiple provisions on this list. In other words, a Protection Order can contain one of these provisions or a combination of these provisions.
A No Contact Provision prohibits a person from coming in contact with you in any way, including in person or by phone. The person also may not make physical contact with you.
A Peaceful Contact Provision allows the someone to peacefully communicate you for limited reasons. This is usually used when you have a child with the person you are seeking protection from.
A Stay Away Provision sets a specific distance that a person must stay from you. This distance can vary by state, judge, and the facts of the situation.
A Move Out Provision requires the person you are seeking protection from to move out of the home you two share.
A Firearms Provision requires someone to surrender any guns they may own and prevents them from purchasing any additional guns.
A Counseling Provision requires someone to attend counseling, including substance abuse, mental health, anger management, or a batterer’s intervention program.
A Restitution Provision can be granted for financial losses (such as damage to property). If restitution is granted, your abuser will be ordered to repay you for damages.
Who can apply for a Protection Order?
A person who believes they are in imminent danger of becoming a victim of violence or stalking. Additionally, an applicant can be the parent or guardian of a minor.
What if I move?
If you move to another state, the state is required to accept and enforce your Protection Order as long as at the hearing for the Protection Order the other person was given notice and opportunity to be heard.
What happens if the other person violates the Protection Order?
Violation of a Protection Order can be treated a misdemeanor, felony, or contempt of court.
What should I do once I have a Protection Order?
If the order is violated, call the police immediately.
Make copies of the order and carry it with you everywhere. Keep the original in a safe location.
If there are provisions for your children, give a copy of the Protection Order to their school.
Ensure that every person who is protected by the order has a copy.
Give a photo of your abuser to co-workers and security guards.
A Protection Order is a Court Order that requires another person to stay away from you and certain places you identify – such as your home, job, business, or school. A Protection Order can also require that the other party not contact, intimidate, threaten, or otherwise interfere with you or members of your family. The judge can add other conditions to the protection order to protect you or your family and address unique situations.