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- What Are Protective Orders?
What Are Protective Orders?
A protective order is a civil order issued by the court to prohibit further acts of family violence or to prevent stalking, sexual assault or human trafficking. 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 or the county where the offense occurred.
A violation of a protective order may be punishable by a fine of up to $2000, confinement in jail for as long as one year, or both.
A family violence protective order may be granted for up to two years. A sexual assault, stalking, or human trafficking protective order may be granted for a lifetime. Protective orders may prohibit the respondent, or offender, from:
In order to qualify for a protective order:
Punishment and Restrictions
A violation of a protective order may be punishable by a fine of up to $2000, confinement in jail for as long as one year, or both.
A family violence protective order may be granted for up to two years. A sexual assault, stalking, or human trafficking protective order may be granted for a lifetime. Protective orders 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
- Harming a pet
- Possessing a firearm
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
- If you have a divorce pending in our county, the protective order must be filed in the court where the divorce is pending
- For family violence protective orders, 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
- For sexual assault, stalking or trafficking protective orders, the victim and respondent do not have to have a family connection
- 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