WHAT IS A PROTECTIVE ORDER?

Protective Orders prohibit contact and communication by one person against another.  Protective Orders also determine the rights of parties consistent with the prohibited contact.  There are five types of protective orders:

1.        EX PARTE PROTECTIVE ORDER.  This is an Order that is immediately available upon the filing of your Petition.  The Order is issued without giving the other party a chance to tell his or her side of the story.  The judge may grant you an Ex Parte Protective Order if it appears from your Petition that abuse or domestic violence has occurred.   This Order will be valid until, after further hearing in your case, a Protective Order is obtained and served on the other party or a Protective Order is denied.

2.        PROTECTIVE ORDER.  This is an Order that may be obtained at the time of your hearing, after giving both sides  a chance to speak.  It replaces the Ex  Parte Protective Order.  The Order will be valid until he court rescinds the Order.

3.        EX PARTE MODIFIED PROTECTIVE ORDER and MODIFIED PROTECTIVE ORDER. When an Ex Parte Protective Order or a Protective Order has been issued by the court, and the facts on which the Order is based subsequently change (for instance a change of address or employment)  you must petition the court to modify the original order.  The court may issue an Exparte Modified Protective Order pending a hearing and a Modified Protective Order after the hearing.

4.        MUTUAL PROTECTIVE ORDER. This type of Order is discouraged and will only be authorized under extraordinary circumstances.  This Order will restrain both sides from abusing or contacting each other, and will make other orders consistent with mutual restraint. 

5.        FOREIGN PROTECTIVE ORDER. A protective order issued in another state may be filed in this state.  This state will recognize all of the protections granted by the other state.  The court clerk has the necessary forms to accomplish this filing.

What is a Restraining Order?

A restraining Order is a civil matter.  A Judge must order a restraining order on a person to restrain them from a specific thing. A typical order might state: “John Doe should be restrained from bothering, harassing, annoying, threatening or harming Jane Doe at any time or any place.”

Note: unlike the Protective Order, violation of a restraining order is not a crime.  Enforcement must be done through the court.