More on Protective Orders

Submitted by [user:field_first_name]

First - Terms

  • Petitioner - This is the person who is seeking protection.
  • Respondent - This is the person who may be restrained by the Protective Order.

Second - Civil, not Criminal

  • This is not a criminal process. It is a civil process.
  • In a civil process, the Court only has to determine which story is more likely to be true.

Third - What Facts are Needed?

  • Temporary Protective Order
    • The Court needs to determine that the Petitioner is in imminent danger. 
  • Permanent Protective Order
    • The Court needs to determine that:
      • The Respondent did the things the Petitioner says. AND
      • The Respondent will continue to do those things. OR
      • The Respondent will intimidate or retaliate against the Petitioner.

Fourth - What Can a Protective Order Do?

  • A Protective Order will stop someone from:
    • Contacting, injuring, or threatening a protected person. 
    • Being in a particular area.
    • Coming near a protected person. 
    • Taking or harming the pet of a protected person. 
    • Having guns for the length of the Protective Order. 

Fifth - How Long?

  • Temporary Order - Lasts until the Permanent Protective Order Hearing.
  • Permanent Order - Lasts forever. You may request to end the Protective Order after two years.