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Effective: Aug 10, 2015
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What is a protective order?
A protective order is a civil court order issued to prevent continuing acts of family violence or dating violence. Protective order legislation was developed to protect and preserve people and includes both criminally enforceable and civilly enforceable provisions. The main... Read More
Who is entitled to protection?
In order to apply for a protective order, the applicant must be:   - A person who is related to the offender by blood or marriage (including a former spouse). - A person who is currently living in the same... Read More
Who can file for a protective order?
- An adult family member on behalf of themselves or on behalf of another member of the family or household. - A member of the dating relationship, regardless of whether the member is an adult or a child. - Any... Read More
What can a protective order do?
A protective order may prohibit the offender from committing the following: - Criminally enforceable acts. - Committing family violence. - Committing dating violence. - Communicating directly with a person protected by an order or a member of the family or... Read More
What must the application include?
1. The name and county of residence of each applicant. 2. The name, address and county of residence of each person alleged to have committed family violence or dating violence. 3. The relationship between the applicant(s) and the offender(s). 4.... Read More
Where can a protective order be filed?
A protective order can be filed in the county where the applicant resides or in the county where the offender resides. An applicant can apply for a protective order through the county attorney or a private attorney. ... Read More
What are the costs?
No fees may be assessed against an applicant for a protective order or a prosecutor representing an applicant for a protective order. If an individual is found to have committed family violence, they will be ordered to pay the costs,... Read More
How long does it take to receive a protective order and how long is it in effect?
A hearing for the protective order must be held within 14 days of the application, unless the applicant requests a later date or the population of the county is greater than 1.5 million. An individual can request a temporary ex... Read More
What is a Magistrate’s Order for Emergency Protection?
The Magistrate’s Order for Emergency Protection (MOEP) is issued at the time of an arrest for an offense involving family violence or stalking. The order may be issued on the magistrate’s own motion or on the request of: - the... Read More
What if the protective order is violated?
CALL THE POLICE! Law enforcement agencies should have a list of the protective orders issued in their area. If an offender violates the order, notify law enforcement so they can act to arrest the offender and seek to have charges... Read More