Protective Orders

What is a Protective Order?

A protective order is a legal order issued by a magistrate or judge to protect the health and safety of an abused person and his/her family or household members. If the person who is harming or threatening you is a family or household member,  you can request that the Juvenile and Domestic Relations District Court issue a family abuse preliminary protective order, which would be served upon that person and put into place certain temporary restrictions on that person's ability to have contact with you pending a final hearing on the matter. In addition to those restrictions, the preliminary protective order can require the alleged abuser (respondent) to maintain certain utilities for the household, grant the petitioner temporary exclusive access to a vehicle, temporary exclusive access to the family residence, require the respondent to provide suitable alternative housing, and other relief.

Who Can Obtain a Preliminary Protective Order?

To obtain a preliminary protective order, you must have been, within a reasonable period of time, subject to an act of family abuse. Family abuse is any act involving violence, force or threat that results in bodily injury or places one in reasonable fear of death, sexual assault, or bodily injury and that is committed by a person against a family/ household member. This includes, but is not limited to, any forceful detention, stalking, or criminal sexual assault. 

What Happens After a Preliminary Protective Order is Issued?

A preliminary protective order will typically expire within 15 days after it is issued, with the last day being the date of trial. If the court finds it appropriate, after a hearing on the merits, it can extend the protective order for a period of up to 2 years (the "permanent protective order" or "protective order"). Additionally, prior to the expiration of the permanent protective order, if the petitioner finds it appropriate, he/she can petition the court to extend the protective order for up to an additional 2 years, and continue to do so indefinitely (so long as there is a continuing basis for maintaining the protective order).

Should I Get a Protective Order?

If you or a minor child in your home are being abused or someone is compromising your health and safety, and you are unsure how to proceed, you should schedule a consultation as soon as possible. Your safety is a priority.

What Do I Do if My Partner Filed a Frivolous Protective Order Against Me?

There are many instances in which a person seeks a family protective order against their spouse for an improper purpose, where there has otherwise been no activity that meets the definition of family abuse. No matter how outlandish the claims may seem to you, it's important that you address the circumstance with the seriousness that it deserves, and contact a family law attorney immediately to discuss your defenses and the next steps.