Help, I Need a Protective Order

When a family member experiences domestic or family violence they may consider trying to obtain a protective order.  This civil court order is meant to prevent continuing acts of violence.  This violence includes such things as physical abuse, sexual assault, or stalking.  It even covers things like harassing or threatening the victim.  It can also be issued to protect a child by preventing the offender from being near the child's school or daycare.

In order to get a protective order, the court must find that the family violence, sexual assault or stalking has actually happened and that it is likely to happen again.   Protective orders are determined on a situation by situation basis.

How Do I Get a Protective Order?

The victim can apply for a protective order through the district or county attorney.  A private attorney or other organizations that offer legal assistance can also help the victim apply.

The victim must provide on the application the name of every victim and the county in which each victim lives.  The name, address, and county of each offender must also be provided.  The victim must also list the relationship between the parties.  The victim will also need to provide information about the incident of family or domestic violence.

Applications for a protective order should be completed as soon as possible after the incident of family or domestic violence.   The court must set a hearing no later than 14 days after the application for a protective order is filed.  However, if the judge finds that the victim is in immediate danger they may issue a temporary ex parte order.  This order is valid for 14 days.  A final order is typically in effect for 2 years, unless the judge specifies a longer time.

How Do I Find Help?

You may want to contact your local district attorney or county attorney.  In addition, there are several organizations that provide legal assistance that can help victims seek a protective order.  America Family Law Center can help.  Call or text us today.

 

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