Walk It Through: The Protective Order Hearing
A temporary order after hours, a hearing inside twenty-one days, an order for up to three years, and a violation.
Late on a Saturday, after threats from an ex who shares custody of their child, a parent calls the police.
Two things a person in this spot might do. Picking one shows what the law says about it.
A family court order between parents. The district court order outside the family, custody litigation and the criminal case for the threats are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Domestic abuseCausing or attempting physical harm, placing someone in fear of serious harm, or forced sexual relations, between family members or certain dating partners.
- Protective orderA family court order against domestic abuse, for a fixed period of no more than three years, which can order the defendant out of the home and firearms surrendered.
- Temporary order without noticeAn order made before the other side is heard, on sworn facts of immediate harm, lasting no more than twenty-one days unless extended.
- FelonyAn offense that may be punished by more than one year, or a fine of more than $1,000, unless a statute says otherwise.
- MisdemeanorAn offense punishable by not more than one year, or not more than $1,000, or both.
- ViolationAn offense punishable only by a fine of not more than $500.