Eleanor Finch
Orders of protection, also known as restraining orders, are legal orders issued by a state court that require one person to stop harming another person. All fifty states and the District of Columbia have statutes for some form of protection order, which can be served by police, a hired service, or anyone over the age of 18 (other than the protected person). The specifics of protection orders vary from one jurisdiction to another, but they generally establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced.
| Characteristics | Values |
|---|---|
| Who can issue an order of protection? | A criminal court, a family court, a court that hears criminal cases, or a Supreme Court |
| Who can file for an order of protection? | This varies by jurisdiction |
| Who can serve an order of protection? | Police, a hired service, or anyone over the age of 18 (other than the protected person) |
| Who can an order of protection be served to? | The accused person directly in court, if they are present |
| What does an order of protection do? | Requires one person to stop harming another person |
| What provisions can an order of protection include? | No Contact Provision, Peaceful Contact Provision, Stay Away Provision |
| What happens if an order of protection is violated? | The offender can be arrested and prosecuted. In some jurisdictions, violations may also constitute criminal or civil contempt of court |
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What You'll Learn
Who can file for an order of protection
Protection orders, also called restraining orders or protective orders, are issued by a state court. They require one person to stop harming another person. Protection orders can be served by police, a hired service, or anyone over the age of 18 (other than the protected person).
Orders of protection can be issued by a Family Court, a court that hears criminal cases, or a Supreme Court. Some jurisdictions also have specific courts for cases involving domestic violence. In addition, the Supreme Court can issue orders of protection during a divorce case.
A criminal court generally issues a criminal order of protection as a condition of release and/or bail in a criminal case against the accused person. A criminal court order of protection can only be issued against a person who has been charged with a crime. In these cases, the district attorney can request an order of protection for the victim. If the district attorney is not present, for example in arraignments after hours, you may request the arresting officer to request the judge to issue one on your behalf.
Many states permit a judge to order anything else that they believe is necessary for the safety of the survivor. State law dictates what evidence may be presented at the hearing and how the abuser is notified of the filing of the protection order.
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What protection an order of protection can offer
Protection orders, also known as restraining orders, are a legal order issued by a state court that requires one person to stop harming another person. They are available in all 50 states and the District of Columbia. Protection orders can be issued by a Family Court, a court that hears criminal cases, or a Supreme Court. In some cases, a criminal court will issue a protection order as a condition of release and/or bail in a criminal case against the accused person.
Protection orders can include a number of different provisions, such as:
- No Contact Provision: Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim.
- Peaceful Contact Provision: Permitting the abuser to peacefully communicate with the survivor for limited reasons, including care and transfer for visitation of their child [ren].
- Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the survivor and/or her/his home, job, school, and car.
In addition to these provisions, many states permit a judge to order anything else that they believe is necessary for the safety of the survivor. Failure to comply with a protection order is a violation that can result in the arrest and prosecution of the offender.
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How an order of protection is served
Orders of protection, also known as protection orders, restraining orders or protective orders, are a legal order issued by a state court that requires one person to stop harming another person. They are constitutional because they are issued by a court, and are therefore subject to the same legal protections as any other court order.
Each jurisdiction has its own method of serving orders. Orders can be served by police, a hired service, or anyone over the age of 18 (other than the protected person). Orders can also be served to the accused person directly in court, if they are present. The court in your jurisdiction can advise you on your options for service. You can get an order of protection from a Family Court, a court that hears criminal cases, or a Supreme Court. Some jurisdictions also have specific courts for cases involving domestic violence. Some courts may allow you to file motions and attend hearings remotely.
A criminal court generally issues a criminal order of protection as a condition of release and/or bail in a criminal case against the accused person. A criminal court order of protection can only be issued against a person who has been charged with a crime. In these cases, the district attorney can request an order of protection for the victim. If the district attorney is not present, for example in arraignments after hours, you may request the arresting officer to request the judge to issue one on your behalf.
The Supreme Court can issue orders of protection during a divorce case.
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How an order of protection is enforced
Orders of protection, also known as protection orders, restraining orders or protective orders, are legal orders issued by a state court that require one person to stop harming another person. All fifty states and the District of Columbia have statutes for some form of protection order.
A protection order may include many different provisions, including:
- No Contact Provision: Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim.
- Peaceful Contact Provision: Permitting the abuser to peacefully communicate with the survivor for limited reasons, including care and transfer for visitation of their child [ren].
- Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the survivor and/or her/his home, job, school, and car.
A criminal court generally issues a criminal order of protection as a condition of release and/or bail in a criminal case against the accused person. A criminal court order of protection can only be issued against a person who has been charged with a crime. In these cases, the district attorney can request an order of protection for the victim. If the district attorney is not present, for example in arraignments after hours, you may request the arresting officer to request the judge to issue one on your behalf.
The Supreme Court can issue orders of protection during a divorce case. Many states permit a judge to order anything else that they believe is necessary for the safety of the survivor. State law dictates what evidence may be presented at the hearing and how the abuser is notified of the filing of the protection order.
Orders can be served by police, a hired service, or anyone over the age of 18 (other than the protected person). Orders can also be served to the accused person directly in court, if they are present. The court in your jurisdiction can advise you on your options for service. You can get an order of protection from a Family Court, a court that hears criminal cases, or a Supreme Court. Some jurisdictions also have specific courts for cases involving domestic violence. Some courts may allow you to file motions and attend hearings remotely.
Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court.
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How an order of protection is issued
An order of protection is a legal order issued by a state court that requires one person to stop harming another person. All fifty states and the District of Columbia have statutes for some form of protection order, also called a restraining order or protective order.
A criminal court generally issues a criminal order of protection as a condition of release and/or bail in a criminal case against the accused person. A criminal court order of protection can only be issued against a person who has been charged with a crime. In these cases, the district attorney can request an order of protection for the victim. If the district attorney is not present, for example in arraignments after hours, you may request the arresting officer to request the judge to issue one on your behalf.
Orders can be served by police, a hired service, or anyone over the age of 18 (other than the protected person). Orders can also be served to the accused person directly in court, if they are present. The court in your jurisdiction can advise you on your options for service. You can get an order of protection from a Family Court, a court that hears criminal cases, or a Supreme Court. Some jurisdictions also have specific courts for cases involving domestic violence. Some courts may allow you to file motions and attend hearings remotely.
A protection order may include many different provisions, including: a no-contact provision, a peaceful contact provision, and a stay-away provision. A no-contact provision prohibits the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim. A peaceful contact provision permits the abuser to peacefully communicate with the survivor for limited reasons, including care and transfer for visitation of their children. A stay-away provision orders the abuser to stay at least a certain number of yards or feet away from the survivor and/or their home, job, school, and car. In addition, many states permit a judge to order anything else that they believe is necessary for the safety of the survivor.
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Frequently asked questions
An order of protection is a legal order issued by a state court that requires one person to stop harming another person.
A criminal court, a family court, a court that hears criminal cases, or a Supreme Court can issue an order of protection.
This varies from one jurisdiction to another, but all establish who can file for an order.
An order of protection may include provisions such as a No Contact Provision, a Peaceful Contact Provision, or a Stay Away Provision.
