The purpose of a civil Order of Protection is to legally restrain a family member or intimate partner from committing or threatening acts of physical violence against a relative, domestic partner or child. Orders of Protection are also available for stalking victims, regardless of whether the perpetrator of the stalking is a family member or intimate partner. Orders of Protection are civil matters distinct from a No Contact Order that may be issued incident to a criminal prosecution.
A victim of domestic violence, sexual assault or stalking can submit a Petition for an Order of Protection to the Court that outlines the reasons for the threat in detail. The Petition can be filed for the victim as well as on behalf of the victim’s children. After reviewing the initial application, the Judge may determine that emergency order should be entered immediately. An emergency order may prohibit all contact with the victim(s) and evict the perpetrator from a shared residence.
A hearing on the Petition will be scheduled to occur generally within 15 days. At the hearing, the Petitioner has the burden to prove the allegation of domestic abuse, stalking or sexual assault by a preponderance of the evidence and the alleged perpetrator may present their defense. If the Court finds that the allegations have been sufficiently proven, the Judge may extend the order of protection up to one (1) year. The Order may be extended beyond one year for cause if it is violated by the perpetrator while in effect. If the allegations are not sufficiently proven by the applicant, the Petition will be dismissed.
The contents of this post do not constitute legal advice or suggest any outcome of your individual case. You should seek the advice of an attorney based on the facts and circumstances of your case before taking any action.
