Temporary Protection Orders
Temporary Protection Orders are granted when a victim of violence alleges an immediate and present danger of abuse based on a recent incident or threat. Temporary orders may be granted without a hearing (ex parte) and gives immediate relief until a full hearing is held. The immediate relief may include: restraining the perpetrator from further abuse of, or contact with, the victim; Excluding the abuser from another person’s residence, such as a domestic violence shelter or the dwelling that the abuser and victim share; awarding temporary custody or temporary visitation rights for minor children.
With a temporary order, a court hearing must be held within 14 days of issuance, where the court will listen to the accounts of both parties to determine whether or not to continue the Order.
Domestic Violence Protection Order
Victims can file for a protection order and if the court determines at a full hearing that abuse is imminent within an established relationship, a domestic violence protection order is issued.
A Domestic Violence Protection Order: provides the same relief and is implemented in the same manner as a temporary order; may be issued as a permanent order in effect for up to one year or longer; may recommend or require that either or both parties undergo counseling; may require the abuser to pay necessary support costs and attorney’s fees.
Violation of a Protection Order
An officer must arrest an abuser if there is probable cause (reasonable belief) that the abuser has violated a Protection Order. Officers may arrest even if they did not witness the incident. Violation of a protection order by stalking a victim is a Class C Felony.
For the full Protection Order law, click here.