How do I get an Order of Protection?
Depending on the state, there are probably two types. One is an emergency order. That is usually something that is issued following domestic violence at the time the arrested offender sees the magistrate. It is commonly of fairly short duration, 30 or 60 days, and is intended to give you time to get out and to seek a… Protective order from a higher court. This one requires notice to the person who will be order to stay away and a hearing. It is commonly good for one year and may be extended. Most people seek it following domestic violence and are assisted in getting it by the prosecutor, although in some states, protective orders may be sought in other circumstances. Both orders are criminally enforceable, which means you don’t have to ga back to court to ask the judge to sanction the violator. Law enforcement arrests for any violation. They are different from restraining order and “peace bonds.” Those two are civilly enforceable. You have to go back to the court. Forgot to answer th
The police are required to make an arrest if they believe a crime has been committed. If an arrest is made, the case will be referred to the District Attorney’s office. You will be contacted by the Assistant District Attorney (“ADA”) handling the case to come in and sign a sworn statement, called a “corroborating affidavit.” Make sure you get the ADA’s phone number. The ADA decides whether to press charges against the defendant. If the ADA prosecutes the defendant, you will probably be issued a temporary Order of Protection by the Criminal Court until there is a final “disposition” in the case. A criminal case may result in a conviction, a dismissal, or an adjournment in contemplation of dismissal (an “ACD” means that the case will be dismissed after one year unless another crime is committed). The defendant can either plea to a charge or there will be a trial. Sometimes the ADA will dismiss the case without a trial. If there is a conviction or an ACD, the court can issue a final Order
To get a Court Order of Protection: Call the local state s or district attorney or tell the police you want to get one. They will tell you whom to contact. You will have to go to court. In court, the judge needs to be convinced that you have been threatened with violence or that you have suffered abuse. Witnesses, including police officers, can help your case. Depending on your state law and how the court applies it, physical evidence is also helpful, but not essential. Physical evidence could include signs of physical abuse such as bruises, photos of physical damage to property (the table he smashed, the hole he punched in the wall), or objects used in an assault (the ashtray he threw, the knife he brandished). >>What relief does an Order of Protection provide? >>How do I get an Order of Protection? >>How will the Order of Protection work?
