What is a Court Order of Protection?
A court order of protection is used by victims of domestic violence or those who have been threatened by violence. Domestic violence is any act between family or household members that causes harm or fear of harm to an individual. This includes rape, assault, terror threats, and general threatening. Acts of domestic violence include hitting, punching, slapping, kicking, pulling hair, pushing, choking, forcing sex (even if the couple is married), and sexual activity with a child.
What Does It Do?
A court order of protection tells the abuser to stay away from the home, work and school of the petitioner. The order can forbid contact through the telephone. Parents can use the order to gain visitation rights of their children and order child support, alimony or insurance coverage. The order may force the abuser to seek counseling, treatment and/or social services for the petitioner or the abuser. Orders also are used to award property or help an individual collect belongings. Finally, an order can reward damages such as medical bills incurred from a violent event.
Who It Helps
Any household or family member is eligible to receive a court order of protection. This includes spouses and ex spouses, children, blood relatives, and cohabitants of the present and past. Even if you’ve never lived with someone but have a child together or have engaged in a sexual or romantic relationship, you can receive this protection order against another person. You also can get this protection order for your child who is in a family or household situation that merits concern.
How to Receive One
You need to first call the courthouse and tell them you want a court order for protection. The courthouse you choose can be where you live, where the abuser lives, where an incident happened, or in the county you and the abuser were in family court. Once you reach the courthouse, ask for “order for protection” forms and fill them out. If you fear immediate danger, ask for an emergency order, also known as “ex parte.” This streamlines the process. This order is free of charge and does not require a lawyer to be carried out. A hearing will be set between one and two weeks after the filing of this order, but there also are ways to obtain the order without a hearing.