Protection From Abuse Orders

A Protection From Abuse Order is a civil court action intended to bring about a cessation of the abuse from the plaintiff or minor child(ren) of the parties.

To qualify for a Protection From Abuse Order one of the following must apply to you and the person you want restrained:

  • Be residing together
  • Have formerly resided together
  • Been the parent of or living with a child who has suffered abuse by the party you are attempting to restrain.
  • Have child in common

In addition, one of the following must apply

  • The person has intentionally attempted to cause you or a child bodily injury or intentionally or recklessly caused bodily injury
  • The person has intentionally placed, by physical threat, you or a child, in fear of imminent bodily injury
  • The person has engaged in any sexual conduct with a child under 16 years of age who is not the spouse of the offender

Protection From Abuse Orders are not Restraining Orders

Protection From Abuse Orders are different from Restraining Orders. Protection From Abuse Orders are related to domestic violence and are obtained directly from the District Court.

Restraining Orders are obtained by going through the County Attorney, and are not connected with Domestic Violence.

Types of Protection From Abuse Orders

There are different types of Protection From Abuse Orders

  1. Emergency Order of Protection From Abuse
  2. Temporary Order of Protection From Abuse
  3. Final Order of Protection From Abuse

How To Apply For A Protection From Abuse Order

When the District Court is Open

  • You may obtain the application (called a petition) for a Temporary Order from the District Court Clerk's Office.
  • The Court Clerk must verify your petition by witnessing your signature.
  • You may be asked to talk with a judge about why you think the Protection Order is necessary. In some jurisdictions, the Clerk will present your petition to the judge.
  • A Temporary Order is Valid up to twenty days. You must appear for the final hearing for the Protection From Abuse Order to be continued

When District Court is Closed

  • When the Court is closed you may be able to obtain the application (petition) for an Emergency order from your local law enforcement office, usually the Sheriff's Department.
  • If you receive an Emergency Order, it will automatically expire at 5 pm on the next regular workday of the District Court. You must contact the court as soon as possible when it next opens to apply for a temporary order.

What Can Happen Under a Protection From Abuse Order

When you receive an emergency or temporary order, the Court is empowered to order any or all of the following things:

  1. Restraining the parties from abusing, molesting or interfering with the privacy or rights of each other or of any minor children of the parties.
  2. Granting possession of the residence or household to a party to the exclusion of the other party, unless you are not married and the residence is rented or owned by the abuser only.
  3. Awarding temporary custody and establishing temporary visitation rights with regard to minor children.
  4. Ordering a law enforcement officer to remove a party from the residence or household.
  5. You will be given the date and time of the next hearing.

Always keep your copy of the Protection From Abuse Order with you!

Final Protection From Abuse Order

When you receive a final Protection From Abuse Order, the Court can order any or all of the following:

  1. Restraining the parties from abusing, molesting, or interfering with the privacy or rights of each other or of any minor children of the parties.
  2. Granting possession of the residence or household to a party to the exclusion of the other party, unless you are not married and the residence is rented or owned by the abuser only.
  3. Requiring a party to provide suitable, alternate housing for such party's spouse and any minor children of the parties.
  4. Awarding temporary custody and establishing temporary visitation rights with regard to minor children.
  5. Ordering a law enforcement officer to evict a party from the residence or household.
  6. Ordering support payments by a party for the support of a party's minor child or a party's spouse.
  7. Awarding costs and attorney fees to either party.
  8. Making provision for the possession of personal property of the parties and ordering a law enforcement officer to assist in securing possession of that property, if necessary.
  9. Requiring the person against whom the order is issued to seek counseling to aid in the cessation of abuse.
  10. Restraining the party not granted possession from canceling utility service to the residence for 60 days.

Violations of this order may constitute a crime!

Other Matters to Note

  • You can request that the Protection From Abuse Order be in effect for up to one year. You may file only two Protection From Abuse Orders within a 12-month period.
  • Your Protection From Abuse Order is not valid until it has been served to the abuser by authorized personnel.
  • If the defendant needs to pick up personal property from the home, be prepared to tell the judge when that is convenient for you. The defendant must have a police escort if he needs to come to the home.
  • Be specific about visitation. When and where you want visitation to occur; use days, dates, and times.
  • If you want a supervised visitation, be prepared to explain to the judge why.
  • The defendant can be ordered to pay child or spousal support. Take time before the second hearing to make a list of expenses and how much you will be asking for.
  • You can ask for court-ordered counseling for the defendant.