Order of protection process

What is an order of protection?

• An order of protection is a document signed by a judge that restricts the respondent from contacting the petitioner in any way including in person, in any  form of communication (including mail, email, phone, voicemail, text messages, etc.), or through a third party. The order usually stipulates that the respondent must stay at least 300 feet away from the petitioner, as well as from the petitioner’s residence, place of employment, or school.

• The petitioner may request children to be included in their order of protection. If the petitioner decides to include children they have with the respondent, there are issues to consider such as visitation with the children, the children’s schools, and existing parenting plans.

• The only way an order of protection works is when the petitioner is willing and able to contact law enforcement to notify them of any and all  violations of the order. When violations are reported, the respondent may be arrested for violating the order of protection. If the petitioner is not willing to contact law enforcement when/if violations occur, an order of protection may not be the best option for a petitioner.

• An order of protection is a civil order and doesn’t charge the respondent with a crime. If an order of protection is in place and the respondent violates the order, the state may charge them with a crime for violating the court order.

When filing for an order of protection, the petitioner must write a narrative/timeline of the abuse. It must start with the most recent incident and then move backwards. You may type or hand write this narrative, but it must be legible. Any documentation you have (police reports, text messages, emails) may be included.

In order to submit the petition to the judge, the petitioner must have the respondent’s date of birth, first and last name, and physical address. Without this information an order of protection cannot be granted.

Once you’ve filled out the petition, you will take it to the appropriate court to submit to the judge. You must have a photo ID with you so the petition can be notarized. A petition submitted to the judge for review may take a few hours, a few days, or even a week before the judge is able to make a ruling, either to grant or to deny the order of protection. Do not let the respondent or anyone who may speak with the respondent know that you are filing for an order of protection. If the respondent knows about the order, they may hide from deputies and never get served the order of protection and therefore, it won’t  go into effect.

When the judge has made their decision, you should be notified of the decision, but if you haven’t  heard an answer, you should take the initiative to find out the status. If an order of protection has been denied, the respondent will not be informed by the court that you ever filed for an order, unless the petition was filed in District Court. Certain exceptions apply that require District Court to notify the opposing party of documents filed. The petitioner always has the right to re-petition the courts if the abusive behavior continues. If the judge grants the order, it will be issued as a temporary order of protection, for up to 20 days, depending on the judge’s court calendar.

If the order of protection is granted, it only goes into effect when the deputies serve the respondent the order. The petitioner has the right to know when the order was served. You can contact Haven’s legal advocate to find out the status. If an order has been granted, you’ll  receive a copy of the order either by mail or by getting a copy from the legal advocate or the court. You’ll want to keep a copy of the order with you, and give the order to your employer and/or your children’s school(s) if these places are included on the order. This allows these places to help enforce the order of protection.

If the order of protection is granted, a court hearing will also be scheduled within 20 days of the judge issuing the temporary order of protection. You must show up for this hearing or the order will be dismissed.

At this hearing, you can come before the judge and ask for the order of protection to be granted as a permanent order. You may ask for the order to be made for any length of time you deem necessary. You have the chance to testify before the judge as to what has occurred and why you’re in danger and in fear of the respondent. The respondent also has the right to testify as to why they feel the order of protection does not  need to be in place. After hearing both testimonies, the judge will determine if the permanent order of protection is necessary.

Both the petitioner and the respondent have the right to hire an attorney for the order of protection hearing, but it’s not required. The legal advocate is not an attorney and cannot give legal advice or represent the petitioner. The legal advocate can only give the petitioner options and support.

Both the petitioner and the respondent can bring witnesses to testify on their behalf at the hearing. This would include people that have witnessed the abuse or have witnessed the effects of the abuse. If the petitioner doesn’t have an attorney, they will need to prepare questions to ask the witness.

An order of protection can be a great safety tool, but it can’t make sure you’re safe at all times, nor can it prevent the respondent from contacting you. The respondent may choose to break the order of protection, or the order of protection may deter the respondent from any contact with you. We do not know how the respondent will react. That’s why your safety is a priority, and should be planned for before filing for an order of protection.

REMEMBER:

The only way an order of protection works is if you immediately call law enforcement (911) any and every time the order is violated.

CONTACT HAVEN FOr support with filing an order of protection

To reach Haven legal advocates, please call Haven’s 24-hour support line at 406-586-4111, or use the chat function at the bottom right of this screen.