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Please Note: We here at r/whenwomenrefuse are not a legal resource, nor are we able to act as or provide legal representation. Please utilize the resources and direct any / all questions to legal representation.**




**Please Note: We here at r/whenwomenrefuse are not a legal resource, nor are we able to act as or provide legal representation. Please utilize the resources and direct any / all questions to legal representation.**
This page is a work in progress - please have patience while we finish adding in additional resources for the community.*


== Protective Orders ==


*This page is a work in progress - please have patience while we finish adding in additional resources for the community.*
=== What is a Protective Order or a Restraining Order? ===
A Protective Order or Restraining Order is a legal order issued by either a Magistrate or a Judge to protect the health and safety of an abused person and / or their family. <blockquote>Please Note: A Protective Order or Restraining Order is a piece of paper, and while consequences of violating one can be severe, this is not a guarantee of safety** </blockquote>


 
=== How do I get one? ===
 
# Protective Orders
 
## What is a Protective Order or a Restraining Order?
A Protective Order or Restraining Order is a legal order issued by either a Magistrate or a Judge to protect the health and safety of an abused person and / or their family.
 
**Please Note: A Protective Order or Restraining Order is a piece of paper, and while consequences of violating one can be severe, this is not a guarantee of safety**
 
 
## How do I get one?
Protective Orders or Restraining Orders can vary from state to state, but the process to procure one remains similar.  
Protective Orders or Restraining Orders can vary from state to state, but the process to procure one remains similar.  


The first step is to obtain either an Emergency Protective Order / Emergency Restraining Order. Usually, this is facilitated through Police or a Social Worker, who can help walk you through the steps. In this example, the Magistrate would determine, with a statement from you as well as any / all evidence as to the incident(s) or reasons why you need protection, whether or not the Emergency Order is granted. Once the Emergency Order has been granted, this lasts for 3 days - or until the hearing with a Judge for a Preliminary Protective Order (PPO) / Temporary Restraining Order (TRO).  
The first step is to obtain either an Emergency Protective Order / Emergency Restraining Order. Usually, this is facilitated through Police or a Social Worker, who can help walk you through the steps. In this example, the Magistrate would determine, with a statement from you as well as any / all evidence as to the incident(s) or reasons why you need protection, whether or not the Emergency Order is granted. Once the Emergency Order has been granted, this lasts for 3 days - or until the hearing with a Judge for a Preliminary Protective Order (PPO) / Temporary Restraining Order (TRO).  


**Please Note: Even if you have been granted the Emergency Restraining Order, the Order does NOT go into effect until after the individual has been served by the Sheriff.**
<blockquote>Please Note: Even if you have been granted the Emergency Restraining Order, the Order does NOT go into effect until after the individual has been served by the Sheriff.** </blockquote>In most states, a Preliminary Protective Order (PPO), or Temporary Restraining Order (TRO) is granted through a Judge based on just one testimony - yours, also known as ex parte. These orders are temporary, and last around 2 weeks (14-15 days) before a final court hearing determines whether the Protective Order or Restraining Order is granted.  
 
In most states, a Preliminary Protective Order (PPO), or Temporary Restraining Order (TRO) is granted through a Judge based on just one testimony - yours, also known as ex parte. These orders are temporary, and last around 2 weeks (14-15 days) before a final court hearing determines whether the Protective Order or Restraining Order is granted.  


The Final Protective Order / Final Restraining Order has a full hearing in front of a Judge with the Defendant (the person you want the Restraining Order against), their Attorney, you, and your Attorney - as well as any witnesses. If the Final Protective Order is granted, they can last anywhere from 2 - 15 years, or for the life of the person. This portion varies by state, circumstances, and which court the Order is being entered into.  
The Final Protective Order / Final Restraining Order has a full hearing in front of a Judge with the Defendant (the person you want the Restraining Order against), their Attorney, you, and your Attorney - as well as any witnesses. If the Final Protective Order is granted, they can last anywhere from 2 - 15 years, or for the life of the person. This portion varies by state, circumstances, and which court the Order is being entered into.  


== FAQ's ==


## FAQ's
=== Can a Restraining Order carry over from one state to another?** ===
 
**- Can a Restraining Order carry over from one state to another?**
 
Yes - Restraining Orders or Protective Orders are still valid even when moving from state to state.  
Yes - Restraining Orders or Protective Orders are still valid even when moving from state to state.  


**- Are there different types of Protective Orders or Restraining Orders?**
=== Are there different types of Protective Orders or Restraining Orders?** ===
 
Yes - Generally speaking, there are three types of Protective Orders. They consist of the following:
Yes - Generally speaking, there are three types of Protective Orders. They consist of the following:


- Domestic PPO - This covers an abuser who was in a relationship with you, such as a spouse, ex-spouse, someone you are dating / have dated, the parent of your child, or someone who lives in your home / has lived in your home in the past.  
* '''Domestic PPO''' - This covers an abuser who was in a relationship with you, such as a spouse, ex-spouse, someone you are dating / have dated, the parent of your child, or someone who lives in your home / has lived in your home in the past.  
- Stalking PPO - This covers a person you don't have a personal relationship with to protect yourself from activities such as threats, harassment, or intimidation. Stalking behavior can include following you, calling or texting, tracking your location, monitoring your phone, or threatening to harm you.
* '''Stalking PPO''' - This covers a person you don't have a personal relationship with to protect yourself from activities such as threats, harassment, or intimidation. Stalking behavior can include following you, calling or texting, tracking your location, monitoring your phone, or threatening to harm you.
- Sexual Assault PPO - This is against a person you don't have a relationship with to protect yourself from threatening sexual behavior such as rape or attempted rape, unwanted touching, exposing genitals, public masturbation or sharing sexual images. If you are under age 18, it can protect you from someone who tries to give you obscene material.  
* '''Sexual Assault PPO''' - This is against a person you don't have a relationship with to protect yourself from threatening sexual behavior such as rape or attempted rape, unwanted touching, exposing genitals, public masturbation or sharing sexual images. If you are under age 18, it can protect you from someone who tries to give you obscene material.
 
**- What does a Protective Order actually protect?**


=== What does a Protective Order actually protect?** ===
A Protective Order or Restraining Order may ban a person from the following:
A Protective Order or Restraining Order may ban a person from the following:


- Coming on your property
* Coming on your property
- Threatening to kill or physically harm you
* Threatening to kill or physically harm you
- Taking away your children if you have Custody
* Taking away your children if you have Custody
- Bothering you at work
* Bothering you at work
- Calling or contacting you
* Calling or contacting you
- Sending you mail
* Sending you mail
- Contacting you through a third party
* Contacting you through a third party
 
 
&nbsp;
 
# Additional Information by State


&nbsp;
== Additional Information by State ==


## Alabama  
=== Alabama ===
The Protection from Abuse (PFA) Process in Alabama requires a relationship with the abuser.  
The Protection from Abuse (PFA) Process in Alabama requires a relationship with the abuser.  


- Alabama Restraining Order Details - https://www.womenslaw.org/laws/al/restraining-orders/all
* Alabama Restraining Order Details - https://www.womenslaw.org/laws/al/restraining-orders/all
- Alabama Petition for Protection from Abuse Form - https://eforms.alacourt.gov/media/5hpppv0h/petition-for-protection-from-abuse.pdf
* Alabama Petition for Protection from Abuse Form - https://eforms.alacourt.gov/media/5hpppv0h/petition-for-protection-from-abuse.pdf
- Alabama Emergency Restraining Orders and Restraining Orders - https://www.alabamalegalhelp.org/issues/families-and-children/domestic-violence
* Alabama Emergency Restraining Orders and Restraining Orders - https://www.alabamalegalhelp.org/issues/families-and-children/domestic-violence
- The law around Emergency Restraining Orders - https://judicial.alabama.gov/docs/library/rules/cv65.pdf
* The law around Emergency Restraining Orders - https://judicial.alabama.gov/docs/library/rules/cv65.pdf
 
&nbsp;


If you have not had a relationship with the stalker / abuser, then you will need to file a Restraining Order or a No Contact Order
If you have not had a relationship with the stalker / abuser, then you will need to file a Restraining Order or a No Contact Order


- Additional Information for Stalking Victims - https://acvcc.alabama.gov/downloads/Stalking%20Victimization.pdf
* Additional Information for Stalking Victims - https://acvcc.alabama.gov/downloads/Stalking%20Victimization.pdf
 
&nbsp;
 
## Alaska


=== Alaska ===
A Domestic Violence Protective Order requires a relationship between the victim and the abuser.  
A Domestic Violence Protective Order requires a relationship between the victim and the abuser.  


- Protective Order Details - https://public.courts.alaska.gov/web/forms/docs/dv-150.pdf
* Protective Order Details - https://public.courts.alaska.gov/web/forms/docs/dv-150.pdf
- Alaska Emergency Protective Orders - https://alaskalawhelp.org/issues/protection-from-abuse/domestic-violence
* Alaska Emergency Protective Orders - https://alaskalawhelp.org/issues/protection-from-abuse/domestic-violence
- Steps to getting a Protective Order - https://andvsa.org/blog/faq-items/i-need-a-protective-order-restraining-order/
* Steps to getting a Protective Order - https://andvsa.org/blog/faq-items/i-need-a-protective-order-restraining-order/
 
&nbsp;


If you have not had a relationship with the stalker / abuser, then you will need a Protective Order against Stalking or Sexual Assault
If you have not had a relationship with the stalker / abuser, then you will need a Protective Order against Stalking or Sexual Assault


- Detailed information on how to file and what forms are required - https://public.courts.alaska.gov/web/forms/docs/civ-751.pdf
* Detailed information on how to file and what forms are required - https://public.courts.alaska.gov/web/forms/docs/civ-751.pdf
 
&nbsp;


## Arizona
=== Arizona ===
An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order.  
An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order.  


- Orders of Protection - https://www.azlawhelp.org/articles_info.cfm?mc=1&sc=4&articleid=72
* Orders of Protection - https://www.azlawhelp.org/articles_info.cfm?mc=1&sc=4&articleid=72
- Protective Order Forms - https://azcourthelp.org/forms/protective-orders-form
* Protective Order Forms - https://azcourthelp.org/forms/protective-orders-form
 
&nbsp;


If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment  
If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment  


- https://azpoint.azcourts.gov/FAQ#33
* https://azpoint.azcourts.gov/FAQ#33
 
&nbsp;
 
## Arkansas


=== Arkansas ===
An Order of Protection requires a relationship between the victim and the abuser.
An Order of Protection requires a relationship between the victim and the abuser.


- Order of Protection InfoSheet - https://static.ark.org/eeuploads/pulaski/CFOrderofProtectionInfoSheet.pdf
* Order of Protection InfoSheet - https://static.ark.org/eeuploads/pulaski/CFOrderofProtectionInfoSheet.pdf
- Order of Protection Fact Sheet, Instructions, and FAQs - https://static1.squarespace.com/static/5ed026104f152a112fb667ff/t/60862fbc67faf379749898ec/1619406793051/order-protection-packet_0.pdf
* Order of Protection Fact Sheet, Instructions, and FAQs - https://static1.squarespace.com/static/5ed026104f152a112fb667ff/t/60862fbc67faf379749898ec/1619406793051/order-protection-packet_0.pdf
 
&nbsp;


If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for a No Contact Order.  
If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for a No Contact Order. <blockquote>Please Note: A No Contact Order in the State of Arkansas requires a criminal charge* </blockquote>


**Please Note: A No Contact Order in the State of Arkansas requires a criminal charge**
* No Contact Order Details - https://media.conwayarkansas.gov/conwayarkansas-media/documents/No_Contact_Order_vs._Order_of_Protection.pdf


- No Contact Order Details - https://media.conwayarkansas.gov/conwayarkansas-media/documents/No_Contact_Order_vs._Order_of_Protection.pdf
=== California ===
 
 
&nbsp;
 
## California
There are multiple types of Restraining Orders in the State of California. These types include:
There are multiple types of Restraining Orders in the State of California. These types include:


- Domestic Violence Restraining Order (This requires a relationship between the victim and the abuser)
* Domestic Violence Restraining Order (This requires a relationship between the victim and the abuser)
- Elder or Dependent Adult Abuse Restraining Order
* Elder or Dependent Adult Abuse Restraining Order
- Civil Harassment Restraining Order (This does not require any relationship between the victim and the abuser)
* Civil Harassment Restraining Order (This does not require any relationship between the victim and the abuser)
- Workplace Violence Restraining Order
* Workplace Violence Restraining Order
 


All information on the different types of Restraining Orders can be found here - https://www.courts.ca.gov/1260.htm?rdeLocaleAttr=en
All information on the different types of Restraining Orders can be found here - https://www.courts.ca.gov/1260.htm?rdeLocaleAttr=en


- Forms on Domestic Violence Restraining Orders - https://www.courts.ca.gov/1271.htm?rdeLocaleAttr=en
* Forms on Domestic Violence Restraining Orders - https://www.courts.ca.gov/1271.htm?rdeLocaleAttr=en
- Forms on Civil Harassment Restraining Orders - https://www.courts.ca.gov/1281.htm?rdeLocaleAttr=en
* Forms on Civil Harassment Restraining Orders - https://www.courts.ca.gov/1281.htm?rdeLocaleAttr=en
- Forms on Elder or Dependent Abuse Restraining Orders - https://www.courts.ca.gov/1276.htm?rdeLocaleAttr=en
* Forms on Elder or Dependent Abuse Restraining Orders - https://www.courts.ca.gov/1276.htm?rdeLocaleAttr=en
- Forms on Workplace Violence Restraining Orders - https://www.courts.ca.gov/1286.htm?rdeLocaleAttr=en
* Forms on Workplace Violence Restraining Orders - https://www.courts.ca.gov/1286.htm?rdeLocaleAttr=en


&nbsp;
=== Colorado ===
The State of Colorado incorporates all types of orders into one, called a Civil Protection Order. <blockquote>Please Note: There are NO filing fees associated with filing a Civil Protection Order for a victim of Domestic Abuse, Stalking, Sexual Assault, or Unlawful Sexual Contact** </blockquote>


## Colorado
* How to Obtain a Civil Protection Order - https://www.courts.state.co.us/Forms/PDF/JDF400.pdf
The State of Colorado incorporates all types of orders into one, called a Civil Protection Order.
* Forms for Protection Orders - https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24
 
**Please Note: There are NO filing fees associated with filing a Civil Protection Order for a victim of Domestic Abuse, Stalking, Sexual Assault, or Unlawful Sexual Contact**
 
- How to Obtain a Civil Protection Order - https://www.courts.state.co.us/Forms/PDF/JDF400.pdf
- Forms for Protection Orders - https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24




Additionally, the State of Colorado offers Extreme Risk Protection Orders for removal of guns from family members for a short period of time if the individual is a risk to harming themselves or others.
Additionally, the State of Colorado offers Extreme Risk Protection Orders for removal of guns from family members for a short period of time if the individual is a risk to harming themselves or others.


- Forms and Definitions - https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=280
* Forms and Definitions - https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=280


&nbsp;
=== Connecticut ===
 
## Connecticut  
The State of Connecticut requires a relationship between the victim and the abuser in order to file for Relief from Abuse.  
The State of Connecticut requires a relationship between the victim and the abuser in order to file for Relief from Abuse.  


- Instructions on how to file - https://www.jud.ct.gov/Publications/fm142.pdf
* Instructions on how to file - https://www.jud.ct.gov/Publications/fm142.pdf
 




&nbsp;


## Pennsylvania  
=== Pennsylvania ===
- Emergency Protection from Abuse Order - https://www.womenslawproject.org/wp-content/uploads/2021/12/2021-Dec-Emergency-PFA-brochure-Final.pdf
- Protection from Abuse Order - https://www.womenslawproject.org/wp-content/uploads/2021/12/2021-Dec-PFA-Brochure-Final.pdf


&nbsp;
* Emergency Protection from Abuse Order - https://www.womenslawproject.org/wp-content/uploads/2021/12/2021-Dec-Emergency-PFA-brochure-Final.pdf
* Protection from Abuse Order - https://www.womenslawproject.org/wp-content/uploads/2021/12/2021-Dec-PFA-Brochure-Final.pdf


## Virginia
=== Virginia ===
- https://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/B15E2461-F280-3F64-168E-0894F6DBF3D3/domestic-violence-vlas.pdf
- https://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/B15E2461-F280-3F64-168E-0894F6DBF3D3/domestic-violence-vlas.pdf

Latest revision as of 13:44, 6 June 2023

Please Note: We here at r/whenwomenrefuse are not a legal resource, nor are we able to act as or provide legal representation. Please utilize the resources and direct any / all questions to legal representation.**


This page is a work in progress - please have patience while we finish adding in additional resources for the community.*

Protective Orders

What is a Protective Order or a Restraining Order?

A Protective Order or Restraining Order is a legal order issued by either a Magistrate or a Judge to protect the health and safety of an abused person and / or their family.

Please Note: A Protective Order or Restraining Order is a piece of paper, and while consequences of violating one can be severe, this is not a guarantee of safety**

How do I get one?

Protective Orders or Restraining Orders can vary from state to state, but the process to procure one remains similar.

The first step is to obtain either an Emergency Protective Order / Emergency Restraining Order. Usually, this is facilitated through Police or a Social Worker, who can help walk you through the steps. In this example, the Magistrate would determine, with a statement from you as well as any / all evidence as to the incident(s) or reasons why you need protection, whether or not the Emergency Order is granted. Once the Emergency Order has been granted, this lasts for 3 days - or until the hearing with a Judge for a Preliminary Protective Order (PPO) / Temporary Restraining Order (TRO).

Please Note: Even if you have been granted the Emergency Restraining Order, the Order does NOT go into effect until after the individual has been served by the Sheriff.**

In most states, a Preliminary Protective Order (PPO), or Temporary Restraining Order (TRO) is granted through a Judge based on just one testimony - yours, also known as ex parte. These orders are temporary, and last around 2 weeks (14-15 days) before a final court hearing determines whether the Protective Order or Restraining Order is granted.

The Final Protective Order / Final Restraining Order has a full hearing in front of a Judge with the Defendant (the person you want the Restraining Order against), their Attorney, you, and your Attorney - as well as any witnesses. If the Final Protective Order is granted, they can last anywhere from 2 - 15 years, or for the life of the person. This portion varies by state, circumstances, and which court the Order is being entered into.

FAQ's

Can a Restraining Order carry over from one state to another?**

Yes - Restraining Orders or Protective Orders are still valid even when moving from state to state.

Are there different types of Protective Orders or Restraining Orders?**

Yes - Generally speaking, there are three types of Protective Orders. They consist of the following:

  • Domestic PPO - This covers an abuser who was in a relationship with you, such as a spouse, ex-spouse, someone you are dating / have dated, the parent of your child, or someone who lives in your home / has lived in your home in the past.
  • Stalking PPO - This covers a person you don't have a personal relationship with to protect yourself from activities such as threats, harassment, or intimidation. Stalking behavior can include following you, calling or texting, tracking your location, monitoring your phone, or threatening to harm you.
  • Sexual Assault PPO - This is against a person you don't have a relationship with to protect yourself from threatening sexual behavior such as rape or attempted rape, unwanted touching, exposing genitals, public masturbation or sharing sexual images. If you are under age 18, it can protect you from someone who tries to give you obscene material.

What does a Protective Order actually protect?**

A Protective Order or Restraining Order may ban a person from the following:

  • Coming on your property
  • Threatening to kill or physically harm you
  • Taking away your children if you have Custody
  • Bothering you at work
  • Calling or contacting you
  • Sending you mail
  • Contacting you through a third party

Additional Information by State

Alabama

The Protection from Abuse (PFA) Process in Alabama requires a relationship with the abuser.

If you have not had a relationship with the stalker / abuser, then you will need to file a Restraining Order or a No Contact Order

Alaska

A Domestic Violence Protective Order requires a relationship between the victim and the abuser.

If you have not had a relationship with the stalker / abuser, then you will need a Protective Order against Stalking or Sexual Assault

Arizona

An Order of Protection is a court order that is issued to stop a person from committing domestic violence or from contacting people protected by the order.

If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for an Injunction Against Harassment

Arkansas

An Order of Protection requires a relationship between the victim and the abuser.

If you do not have a qualifying relationship for an Order of Protection, you may be eligible to apply for a No Contact Order.

Please Note: A No Contact Order in the State of Arkansas requires a criminal charge*

California

There are multiple types of Restraining Orders in the State of California. These types include:

  • Domestic Violence Restraining Order (This requires a relationship between the victim and the abuser)
  • Elder or Dependent Adult Abuse Restraining Order
  • Civil Harassment Restraining Order (This does not require any relationship between the victim and the abuser)
  • Workplace Violence Restraining Order

All information on the different types of Restraining Orders can be found here - https://www.courts.ca.gov/1260.htm?rdeLocaleAttr=en

Colorado

The State of Colorado incorporates all types of orders into one, called a Civil Protection Order.

Please Note: There are NO filing fees associated with filing a Civil Protection Order for a victim of Domestic Abuse, Stalking, Sexual Assault, or Unlawful Sexual Contact**


Additionally, the State of Colorado offers Extreme Risk Protection Orders for removal of guns from family members for a short period of time if the individual is a risk to harming themselves or others.

Connecticut

The State of Connecticut requires a relationship between the victim and the abuser in order to file for Relief from Abuse.


Pennsylvania

Virginia

- https://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/B15E2461-F280-3F64-168E-0894F6DBF3D3/domestic-violence-vlas.pdf

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