Walk It Through: The Protection Order Hearing
A petition, a temporary order, a hearing within thirty days, and an order for up to five years.
A man whose ex-girlfriend's brother has threatened and pushed him wonders whether he can get a protection order. He then learns his ex has been calling to threaten him too.
Two things a person in this spot might do. Picking one shows what the law says about it.
One petition and one violation. A mutual order, children in the order, a foreign protection order and a dismissal without a hearing 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.
- Ex parte temporary protection orderA temporary order granted before the other side is heard, on an affidavit of immediate and irreparable injury, lasting until the hearing.
- Good causeThe narrow set of reasons for quitting that do not cost unemployment benefits, such as a certified health hazard or an employer that required moving.
- Protection orderA court order after a hearing, on finding domestic abuse, that can bar abuse, exclude the abuser from the home and set temporary custody and support, for up to five years.
- Significant romantic relationshipOne of the relationships that lets a person petition for a domestic abuse protection order, now or within the past twelve months.
- Class 1 misdemeanorThe more serious of the two misdemeanor classes, with a maximum of one year in a county jail or a $2,000 fine, or both.
- Class 6 felonyThe least serious felony class: a maximum of two years in a state correctional facility or a fine of $4,000, or both.
- No contact orderA bar on contact with the victim: automatic while in custody after a domestic abuse arrest until the first court appearance, and by court order after a conviction.
- Simple assaultAttempting or recklessly causing bodily injury, or putting someone in fear of imminent harm by physical menace or a credible threat. A Class 1 misdemeanor, and a felony on a third within ten years.
- StalkingWillfully, maliciously and repeatedly following or harassing someone, by any means including electronic messages, or making a credible threat. A Class 1 misdemeanor.