Protective Orders
A protective order is a civil order issued by the court to prevent further acts of family violence. You may apply for a protective order through the county attorney, a private attorney, or legal aid. The application must be filed in the county in which either you or the offender resides.
Punishment and Restrictions
A violation of a protective order may be punishable by a fine of up to $500, confinement in jail for as long as six months, or both. A protective order may be granted for up to two years and may prohibit the respondent, or offender, from:
- Committing family violence
- Communicating a threat through another person
- Going to or near the applicant’s residence, employment, school, or day care
- Harassing, annoying, alarming, or following the applicant
Qualifications
In order to qualify for a protective order:
- Abuse or threats of harm must have occurred to the victim within the last six months
- Physical abuse includes hitting, pinching, slapping, pushing, punching, kicking, burning, stabbing, or shooting; it may also include threats to cause harm
- Sexual abuse includes unwanted touching or sexual activity
- The protective order must be filed in the court where the divorce is pending, if applicable
- The victim and respondent must be related by either blood or marriage, or be living in a household together, previously lived in a household together, or have a child together
- The victim must be able to provide an address where the respondent can be served with the temporary ex parte protective order and notice of hearing
- Applicant will be required to appear in court and may have to testify about the abuse.
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