What is a Protective Order?
If granted by a Judge....
- Orders a person not to commit any violence.
- Orders a person not to come within a certain distance of where, the victim lives and works
- Orders both Applicant & Respondent not to communicate in any manner, regardless of child custody matters or any other reason. (other than through a third party)
- Prevents a person from harassing, threatening, annoying, alarming, abusing, tormenting or embarrassing the Applicant or a member of the Applicants Family, Friends or Household Members.
Who may qualify for a Protective Order?
- The person who allegedly committed the family violence (Respondent) against the Applicant must be at least one of the following:
- Related to the Applicant by blood or marriage
- Living with the Applicant or have lived with the Applicant in the past
- Has a Child with the Applicant
- Has sexually assaulted the Applicant
- Has been in a Marriage or Dating relationship with the Applicant
- Someone of a third party relationship; because of the Applicant’s marriage to or dating relationship with an individual whom the Respondent is or has been in a dating relationship or marriage
What information do I need?
- In order to provide you with a Protective Order, we need:
- A statement that we take from you describing what type of violence has occurred.
- Respondent’s Current address.
- Form of ID
Protective Order Procedures
- Once the case has been accepted by a Prosecutor, the paperwork is prepared, and a Protective Order Hearing will be scheduled in two (2) weeks or up to (20) days. This will give the Sheriff’s Office time to serve the Respondent.
- The Sheriff’s Office must hand deliver the paperwork to the Respondent. The paperwork consists of the Application for Protective Order, the sworn statement (Affidavit) you signed in our office describing the violence, and the Temporary Ex-Parte Order.
- If the Respondent is served, you will need to go to court. The Applicant will be required to wait in a separate building during the hearing.(for safety reasons) The Prosecutor will speak to the Respondent and handle the hearing proceedings.
- If the Respondent agrees to sign, an Agreed Protective Order, it will be issued. If he or she does not show, and the legal requirements have been met, you may automatically get a Protective Order by default. If he or she attends the Court Setting and denies the allegations, the case could be reset or a hearing will be held in front of a Judge who will decide if a Protective Order will be Granted or Denied.
- However, if the respondent has not been served, the case will be reset again for two (2) weeks or up to (20) days, and again if necessary. Keep in mind the State cannot move forward with most cases until the Respondent has received legal service in person.
- Once a Protective Order has been granted, by agreement, default, or Court Ordered after a hearing, criminal violations of the Protective Order may be filed if the Respondent bothers you or goes near your residence or place of employment.