Court Orders

HOW TO GET A PROTECTIVE ORDER

(updated 6/18/98)

A legal advocate can make this process much less confusing, and his/her services are free.
Call your local battered women's program and ask for assistance or ask at the court if there is a legal advocate available.
A state by state list is available on this site on the main Domestic Violence Page. Then:

Go to the Clerk's Office at the courthouse in your community and fill out the papers.
A judge will ask you questions about your safety and has the authority to grant a temporary protective order on the spot. You will be given a copy to carry with you at all times and a copy to file with the police. You may want to get a couple extra copies if you can afford to shell out a couple bucks.
Go to the SHERIFF's OFFICE....NOT THE POLICE DEPARTMENT. Deputy Sheriff's are sworn officers of the court and its THEIR duty to serve court orders. It helps if you can tell the deputy when and where they can serve the orders on your abuser. They will serve the orders, and if there is a vacate order, they'll force him/her to leave your home. In all but the larger cities, these orders are usually served by the sheriff's office as opposed to a city police department. Save yourself a trip and start with the sheriff's office.
Within 10 days you will attend another hearing where your abuser may be present to tell his/her side of the story. This may be very difficult, and it helps to have an advocate present for support. You will tell your story again, and at this time the judge can extend the protective order for up to a year.
To get an emergency protection order on holidays, nights, or weekends, call the police. They will contact an emergency response judge. If the abuser violates this order, call the police immediately. Violation of this order is a criminal offense, and penalties can include jail terms.
PROTECTIVE ORDERS CAN DO MORE THAN PROTECT YOU.
Any of the following provisions that apply to your situation may be added to the basic order. (Note: The initial order lasts up to ten days but can be extended for one year.)
Restraining Order - Your abuser must not come near you or abuse you again.
Vacate Order - Your abuser must move out of the shared residence.
Child support Order - You will receive temporary support for your children.
Custody Order - You will receive temporary custody of your children. Remember, without a court order saying otherwise, a spouse or other legally recognized guardian has every legal right to take the kids.
Restitution Order - You will receive repayment for lost wages, medical expenses, or other costs and damages.
Remember, the system, the judge and others can't read your mind...it's up to you to express the concerns and problems going on in as much detail as possible to ensure that you receive the full level of service from and protection by the "system" as possible.
As with most things, yes, there IS a cost for filing the order with the Clerk's office. However, don't give up if you can't afford it out of pocket. Remember your Safety Plan included saving money for things like this. If you haven't saved enough yet...get with your victim's advocate or local shelter. Many programs will help with the cost of the filing fee or it can be waived by the court.