A Protective Order is issued to prevent family violence from occurring, and the violation of the Protective Order is enforceable by police by arrest.
Emergency Protective Order
If charges are filed against the person who committed family violence, sexual assault, stalking, or human trafficking, then the police officer investigating your case may ask the court for an Emergency Protective Order on your behalf, if the offender has been arrested.
The order can prohibit the person who committed family violence against you from the following:
- Committing further acts of violence against you.
- Threatening or harassing you. Going to or near your residence, work, and any school or child care facility regularly attended by your children.
The order is good for 31-91 days. It allows criminal charges to be brought against the person who committed the violation of the court order. They require that the abuser be arrested for a specific crime and that they are currently in custody for that crime for the emergency protective order to be granted. Once a defendant has been released from jail, an emergency protective order cannot be issued.
Temporary Ex Parte
A temporary ex parte order is a court order designed to provide you and your family members with immediate protection from the abuser. You can get a temporary ex parte order without the abuser present in court. To get a temporary ex parte order, the judge has to believe that the abuser presents a clear and present danger of family violence to you or a family member. The judge will make this decision based upon the information you include in your application for a protective order.1
A temporary ex parte order lasts for the period of time stated in the order, usually up to 20 days. The temporary ex parte order can be extended for additional 20-day periods if you request it or if the judge decides to extend it, usually due to the fact that the respondent was not yet served. Once an Ex Parte has been served, then the officer has the ability to arrest for a violation of a court order.
Final Protective Order
A Final Protective Order, can be requested through an attorney or pro se. The duration of the protective order depends on the source of law that the suit is brought. A violation of certain provisions of a protective order is a criminal offense, and the police should be notified if an individual violates a protective order described in the order. A Final Protective Order can last 2 years to a lifetime.
If you have any questions, please contact Victim Services at 281.403.8738.