What does it mean to get a protective order?
Protective orders go by different names in different states. The most common name is a “restraining order.”. Protective orders are intended to protect victims from abuse by restraining the abuser from doing something, usually from coming within a certain distance of the victim. Although seeking a protective order may be an emotional experience.
What to do if your spouse files an order of protection against you?
If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance. Make sure your attorney understands the circumstances.
How long can a protective order against a child last?
The judge may also allow the protective order to last longer than two years if the abuser has had two or more protective orders issued against them in the past, and in those cases, the judge found that the abuser was likely to continue to commit family violence. After one year, the abuser can ask for the final protective order to be dissolved.
When to seek an ex parte Protective Order?
Seek an ex parte order for an immediate threat. If the threat of violence is immediate, you should seek an ex parte order. The court decides to grant this type of order without hearing from the other side. After an ex parte order is granted, the court may hear from the restrained party.
Can a spouse file an order of protection?
We explore how divorce impacts your business and financial well-being. Sometimes during (or leading up to) divorce, one party files a petition seeking an order of protection against the other, which is often granted ex parte—that is, without prior notice to the party against whom the order is issued.
What can a protective order be used for?
A protective order is a civil court order that can be obtained to prevent violence or harm to you. The protective order protects against family violence, stalking, human trafficking, and/or sexual assault. Family violence includes:
When to file a protection from abuse order?
The crime must be reported or a Protection from Abuse Order (PFA), Sexual Violence Protection Order (SVPO), or Protection from Intimidation Order (PFI) filed within three (3) days. A Protection From Abuse (PFA) Order is a court order issued by a judge that can provide you protective “relief” from someone who is abusing you, for up to three years.
How long does a protective order stay in effect?
The Temporary Protective Order shall remain in effective for not more than seven (7) days after law enforcement has given the abuser a copy of the order (i.e. service). If the Court is closed on the day the order is due to expire, the order shall remain in effect until the court holds a Final Protective Order hearing.