How To Get A Protective Order In Maryland?

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How To Get A Protective Order In Maryland
If you are being abused, threatened, or harassed, you may want to seek out a restraining order against that person. If you live in Maryland, you have two options – a protective order or a peace order. These orders are issued by civil court judges and are in effect for up to six months at a time.

  1. 1 Make sure you are safe. Before you begin the steps to apply for a restraining order, make sure you have a safe place where you will not be hurt or threatened by the person you’re trying to restrain.
    • If you are a victim of domestic violence, Maryland has several hotlines available that you can call. The state-specific hotline, provided by the Maryland Network Against Domestic Violence, is 1-800-MD-HELPS.
  2. 2 Determine what type of order you need. In Maryland, protective orders are available generally for domestic violence situations, while peace orders cover anyone to whom you’re not related.
    • If you’re filing the petition for yourself, you want a protective order if you need a restraining order against your current or former spouse, are related to the person by blood, marriage, or adoption, or had a romantic relationship with the person within the past year.
    • You also qualify for a protective order if you have a child in common with the person you want restrained.
    • Similar requirements for protective orders apply if you are filing on behalf of a minor child, although the relationships are to the child rather than to you.
    • If you have none of those relationships with the person you want restrained, or haven’t within the past year, you may qualify for a peace order. The essential difference between a peace order and a protective order is that a protective order may do other things in addition to keeping the person away from you, such as awarding you temporary possession of a shared home or temporary custody of a child.
  3. 3 Gather evidence and information. You will need sufficient documentation that the person you want to restrain is harming or threatening you.
    • Generally, to get a restraining order in Maryland you must prove that the person committed an act that caused you bodily harm or placed you in fear of imminent bodily harm.
    • This includes assault of any degree, false imprisonment, or any sexual offense. If you have police reports of any such acts, these can be used to prove your need for a restraining order.
    • If you’re requesting a peace order, you also can use evidence of criminal harassment, criminal trespassing, or malicious destruction of property. If the person has not been charged with one of those crimes, you may need to review Maryland law to determine the legal definition of those acts.
    • If the person has physically harmed you, take photos of any visible bruises or injuries. These may fade with time, and you can use the photos for evidence later.
    • If anyone saw the acts of abuse or aggression, talk to them and see if they would be willing to appear as a witness and testify on your behalf.
  4. 4 Choose the correct court. The court where you’ll file your petition for a restraining order depends on the type of restraining order you seek.
    • If you’re seeking a protection order, you can file your petition with either a circuit or District Court clerk.
    • If you’re seeking a peace order, you must file your petition with the District Court clerk nearest you.
    • A map to locate the nearest District Court is available at http://www.mdcourts.gov/district/directories/courtmap.html, If you plan to file a petition for a protective order in circuit court, you can find the court nearest you at http://www.courts.state.md.us/circuit/,
  5. 5 Download the appropriate form. The Maryland courts provide access to fill-in-the-blank forms you can use to apply for a restraining order.
    • All forms for either protective orders or peace orders are available at http://www.mdcourts.gov/courtforms,
    • Paper copies of these forms can be picked up at any circuit or District Court clerk’s office, or from a District Court commissioner. Circuit courts only have petitions for protective orders available.
  1. 1 Complete your petition. Make sure you’ve filled out all portions of the petition truthfully, accurately, and completely.
    • Make sure you include every instance of abuse or aggressive or threatening behavior. You also should include any previous or pending court actions between you and the other person, as well as criminal charges, if any, that have been filed against him or her.
    • Keep in mind the person you want restrained will receive a copy of your petition. Although the form requires your address, you don’t have to disclose your home address if you are concerned about the other person knowing it. You can provide an alternate address (such as a friend or family member’s address) or instruct the clerk to keep it confidential, and it will not be revealed to the other party.
  2. 2 File your petition. There is no charge to file a petition for a restraining order in Maryland.
    • Normally you must file your petition during regular business hours. However, if you need to file a petition and courts are closed, such as on weekends, you may get an interim order from a District Court Commissioner. The interim order will remain in effect only until a judge can review your petition and grant a temporary order.
    • You can find the nearest District Court Commissioner station by using the map at https://mdcourts.gov/district/directories/commissionermap,
    • When you take your petition to file, be ready to appear before a judge. You don’t have to dress up, but you should try to wear clean, conservative attire.
    • Bring with you all the documents, photos, or other evidence you collected to support your petition, as you will need to show them to the judge.
  3. 3 Appear for your temporary hearing. Provided courts are in session, you will be called to appear before a judge as soon as possible after you file your petition.
    • The judge will ask you questions under oath, which you should answer completely and truthfully. Address the judge as “your honor,” and only speak when the judge asks you a question. Don’t interrupt the judge when he or she is talking.
    • Keep in mind that since you’re the one asking the judge to do something, you carry the burden of proof. You generally must show that there are reasonable grounds for the judge to issue a restraining order.
    • If you received an interim order because courts were closed when you filed your petition, the commissioner’s decision is not binding on the judge who reviews your petition for a temporary order – you still must show the same evidence to the judge that you showed to the commissioner.
  4. 4 Receive your temporary order. If the judge finds reasonable grounds, your temporary order will be granted.
    • Reasonable grounds means the judge believes the person has committed the acts you alleged in your petition, and that those acts constitute a legally sufficient reason to have the person restrained.
    • If you’re applying for a peace order, the judge also must find reasonable grounds to believe that the person will commit similar acts against you again in the future.
  5. 5 Have the temporary order served. The temporary order does not go into effect until it is served on the person you want to have restrained.
    • If the judge issues a temporary order, he or she will hand it over to law enforcement, who will serve the person you’ve requested be restrained.
    • Keep in mind that the order will not go into effect until service is completed, so you want to make sure you’ve provided a good address where the person can be found and served with the papers.
    • Temporary orders typically only last for seven days, although a judge can extend them if necessary.
  1. 1 Prepare for your final hearing. Organize your documents and outline what you plan to say to the judge at your hearing.
    • Typically your hearing will be scheduled within seven days of the date the temporary order was delivered to the person you want restrained – so you may not have a lot of time to get ready for the hearing.
    • Get all the documents you showed to the judge when you got your temporary order, together with any other you’ve found since then that relate to your case.
    • If you have witnesses you want to talk, try to meet with them before your hearing is scheduled so you can go over the questions you plan to ask as well as think about questions they may be asked on cross-examination.
  2. 2 Consider consulting an attorney. Although you don’t need an attorney to get a final order, you may feel more comfortable at your final hearing if you have a legal representative.
    • If you are a victim of domestic violence, you may be able to find free legal assistance through a number of different government and nonprofit agencies. If you’re interested, ask the court clerk when you file your petition. You also can call the House of Ruth at 1-888-880-7884.
  3. 3 Appear on the date of your hearing. If you don’t appear for your hearing, the judge will dismiss your petition.
    • If the person you’re trying to restrain doesn’t appear at the hearing, the judge may grant your petition provided you are able to demonstrate good cause for doing so.
    • It is also possible (although probably unlikely) for the person to consent to the restraining order after receiving your temporary order. If he or she consents, the final order will be issued and there won’t be a hearing.
    • Keep in mind that the person you want to restrain may be present at the hearing. You will have the protection of the bailiff and other court officers, but you may want to bring along a friend for moral support or if it would make you feel safer.
  4. 4 Present your case. Since you filed the petition, you will have the opportunity to tell your story to the judge first.
    • The judge who hears your case may not be the same as the judge that issued your temporary order, so make sure you include any details that were in your petition.
    • Keep in mind that this is a formal court hearing and the same rules of evidence apply as would in any other civil court case. If you’ve brought documents as exhibits, make sure you have enough copies for the judge and the other party to review as well.
    • Speak slowly and clearly, and try to stick to the facts. Don’t speak to or argue with the person you want restrained, and keep your eyes on the judge. The other person may make faces or attempt to antagonize or distract you if you look in his or her direction.
    • Keep in mind that the person you want restrained will have the opportunity to cross-examine you as well. He or she may ask you questions that are difficult or make you uncomfortable, but you must trust the judge to maintain order in the courtroom and keep you from harm.
  5. 5 Listen to the other side. After you’ve presented your case, the person you want restrained will have the opportunity to respond.
    • Avoid interrupting, even if he or she says something that you know to be a lie. You will have an opportunity to cross-examine the person and any witnesses he or she calls to the stand.
    • Keep in mind that if the person you want restrained shows up to the hearing, he or she is there to contest your request and try to disprove your case – and has the right to do so. If you have sufficient evidence, the judge probably will rule in your favor.
  6. 6 Receive the judge’s decision. Once both sides have presented their cases, the judge will decide whether your temporary order should be made more permanent.
    • In most cases, your final protective order will be in effect for one year. You can get it extended for another six months if necessary by asking the judge to renew it when the year is over. You must prove that you remain in fear of imminent bodily harm.
    • A final protective order can be granted for as long as two years if you previously had a final protective order against the same person and he or she has committed another act of abuse against you within one year of the expiration of the previous order.
    • Peace orders last up to six months and can be extended for an additional six months if good cause is shown at a hearing for which the other party has received legal notice.
    • After you’ve received your final order, make copies for security or other officials at your school, place of work, or other places from which the person has been restrained. If the person violates the restraining order, call police immediately.
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How does a protection order work?

Services | SAPS (South African Police Service) Applying for Protection Order A protection order aims at preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing. As long as he/she complies with the protection order, the complainant will be safe.

The complainant must make an affidavit and complete an at a police station. Please read the document ” Notice to complainant in a case of domestic violence ” before completing the application form. to download the document. This explains your rights and the steps you may take to protect yourself, your children and other members of the shared household. Supporting affidavits by persons who have knowledge of the matter in question, may accompany the application. These documents must be handed to the clerk of the nearest court. The court will consider the application immediately. The application for a protection order is not limited to the complainant. An application for a protection order may be brought on behalf of the complainant by any other person who has an interest in the well-being of the complainant. This includes a counsellor, a health service provider, a social worker, a teacher or a member of the SAPS. If the court is satisfied that there is sufficient evidencethat the suspect is committing or has committed an act of domestic violence/harassment and unnecessary hardship may be suffered by the complainant as a result of the act, the court will issue an interim protection order against the respondent. The application for an interim protection order may be brought at any time and not only during office hours or on court days. The purpose of this interim protection order is to provide immediate protection to the complainant. The interim protection order has no force or effect until it has been served on the respondent. The court is also required to issue a suspended warrant of arrest for the respondent. A breach of the protection order requires that the respondent must be arrested by the police immediately. The interim protection order is not a final order from the court, but a temporary order which grants immediate relief until the return date (the date on which the applicant and the respondent, after being given due notice, are to appear before court to have the protection order made a final order). On this return date, the respondent is afforded the opportunity to present to the court reasons why the protection order should not be made final. If the respondent does not appear in court on the return date, but the court is satisfied that proper notice has been given to the respondent and that there is sufficient evidence that the respondent has committed or is committing an act of domestic violence/sexual harassment, the court may make a final order on the return date.

The protection order will prevent the respondent from –

committing any specified act of domestic violence/sexual harassment entering the joint residence or entering a specific part of the residence entering the victim’s residence if they are not living together entering the victim’s place of employment/office having contact with a child or children, if it is in the best interest of the child.

If a protection order has been obtained, the respondent cannot prevent the victim or a child who usually lives at the shared residence, from entering or remaining in the shared residence or any part of it. When applying for a protection order, the complainant may request for the removal of the respondent’s firearm or other dangerous weapon.

  1. If the Magistrate orders the police to remove the firearm, the police will keep the firearm until the case has been finalized.
  2. The firearm can only be returned to the respondent by order of the court, and the court may add conditions.
  3. The court may also order the State to keep the firearm if it is in the best interest of the victim’s safety.

It is important to remember that criminal charges may be laid in cases where acts of domestic violence/sexual harassment constitute an offence, such as assault or rape. It does not mean that one must first exhaust the remedies available under the protection order before laying the criminal charges, if this offence was committed.

One can register the criminal charge with or without a protection order. The court may order a police officer to accompany a complainant to retrieve his/her property from a specified place to ensure the safety of the complainant. Important : If one disobeys the protection order, it must be reported to the police immediately with the copy of the protection order so that the respondent can be arrested and be brought before court.

Only the Magistrate may release the arrested person as the Magistrate issues the warrant. : Services | SAPS (South African Police Service)

Does a protective order go on your record Maryland?

Your criminal record carries tremendous weight in this world. It includes a list of any criminal charges or convictions, as well as other court proceedings, and can impact your ability to get a job, as well as change the consequences of future infractions.

Who is entitled to a protection order?

What is a safety order? – A safety order is an instruction from the court which stops the person accused of abusive behaviour (the respondent) from committing further violence or threats of violence. The respondent does not have to leave the home. If the person is not living with you, the safety order prohibits (bans) them from watching or being near your home and following or communicating (including electronically) with you or a dependent person such as a child.

Spouses and civil partners Parents with a child in common Partners in an intimate relationship including cohabitants (a couple living together) and dating partners (a couple not living together) Parents of an abusive child if that child is over 18 People residing with the respondent in a non-contractual relationship, such as two relatives living together

Former partners are also able to apply, for example, a former spouse or cohabitant.

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What is temporary protection order?

What is a TPO? – A TPO is a protection order issued by the court on the date of filing. This can be issued without the offender being notified or present during the hearing. Once an application for a protection order is filed with a court, it is considered an application for both a TPO and a Permanent Protection Order (PPO). Petitions for protection orders may be submitted by:

The offended party The offended party’s parents or guardians Close relatives, descendants, or collateral relatives that are within the fourth civil degree of consanguinity or affinity Local Government Unit officers or social workers Police officers, more likely those in charge of the women and children’s desk Barangay Captain and Barangay Councilor Healthcare provider of the petitioner, their lawyer, counselor, or therapist At least two concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the committed offense

After the issuance of the TPO, the court sheriff will execute the order. Court sheriffs may get the assistance of law enforcement agents when executing the order. A court can grant a TPO that will be effective for 30 days. The court will schedule a hearing on the issuance of a PPO prior to or on the date the TPO expires.

How long does a protective order stay on your record in Maryland?

If the court issues a final peace or protective order, how long does it stay on your record? – If you contest either one and lose, the record of the entry of order stays forever.

What is considered harassment in Maryland?

Harassment, covered by state code § 3-803, is defined as following another individual in or around a public place, or maliciously engaging in repeated behavior that seriously annoys or alarms another individual : With the intent to annoy, alarm or harass.

Is a protection order a criminal record?

Do Restraining Orders Become Records in My Name? – Mostly it does, but not always. It depends on what the Restraining order was for. Law enforcement officials will be able to see temporary restraining orders when they appear. A hearing for a permanent restraining order takes place after a temporary restraining order is granted.

Can a protective order be dropped in Maryland?

Topics on this page –

Can I file the petition electronically? How long will the final protective order remain in place? Can I get a permanent protective order? What happens if the protective order is violated? Can you modify a protective order? Should I modify my protective order or should I get a new one? Can you rescind or terminate a protective order? Can I appeal a protective order? Can you extend a protective order? Can you get the same types of protection at each stage of the case? The circuit court issued a visitation order after my protective order. Which one do I have to follow? My protective order is from another state. Will Maryland enforce my protective order? I ‘m going to move out of state. Will another state enforce my Maryland protective order? Is a protective order a restraining order? Can the court issue mutual protective orders?

Can I file the petition electronically? A petitioner may electronically file a petition from the following locations:

domestic violence prevention/assistance program sexual assault prevention/assistance program human trafficking prevention/ assistance program child advocacy center vulnerable adult program hospital where the petitioner is receiving medical treatment another location approved by the court

After receiving an e-filed petition, the court should hold a hearing by video conference on the same business day if the petition is filed during regular court hours. If the petition is filed after court hours, the hearing should be held the next business day the court is open.

Program staff can find more information on the Maryland Courts website, To request access to the page please contact your local clerk’s office, Read the law: Md. Code, Family Law § 4-505.1 How long will the final protective order remain in place? The final protective order will state the effective period for the protective order.

Generally, the protective order cannot exceed one year. If the other party consents, the protective order can be effective for two years. There are some circumstances under which the order may become permanent (see the next question). It is important to know when the protective order has expired.

the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act of abuse that led to the issuance of the protective order AND the individual has served at least 12 months of the sentence; OR during the term of the protective order, the individual committed an act of abuse against the person eligible for relief AND the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act AND has served at least 12 months of the sentence.

The victim of the act of abuse described above must be the person eligible for relief in the interim, temporary, or final protective order. The protective order remains permanent until the victim requests that the court terminate the protective order.

The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the Law: Md. Code, Family Law § 4-506 What happens if the protective order is violated? If the respondent continues to harass you or contacts you, you should call the police immediately.

If the respondent does not follow the order, the respondent may be found guilty of a misdemeanor and can be subject to a fine of up to $500 or a jail sentence of up to 90 days. The penalties are increased for a second and subsequent offense of violating the Protective Order.

If the respondent violates the Protective Order by failing to pay the required Emergency Family Maintenance, you may consider filing in court for contempt. If you file for contempt, there will be a contempt hearing, and the respondent will be ordered to pay what he/she owes you in Emergency Family Maintenance if the Judge finds that the respondent has violated the terms of the Order.

The Judge also has the authority to order an immediate and continuing wage withholding order. Learn more about enforcing orders. Read the Law: Md. Code, Family Law §§ 4-508, 4-509 Can you modify a protective order? Yes, you can ask the court to modify a protective order.

Notice must be given to all affected persons eligible for relief and the respondent. A hearing is required. The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the law: Md. Code, Family Law Article § 4-507 Should I modify my protective order or should I get a new one? Whether you should modify your existing protective order or seek a new protective order depends on the specific facts and circumstances of your situation.

It’s a good idea to talk to an attorney. Learn more about getting help from a legal professional, Can you rescind or terminate a protective order? Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent.

A hearing is also required. The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the law: Md. Code, Family Law Article § 4-507 Can I appeal a protective order? Yes. If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located.

Appeals to the circuit court are heard de novo (meaning a new trial). If a circuit court granted or denied the protection, then the decision can be appealed to the Court of Special Appeals. Read the law: Md. Code, Family Law Article § 4-507 Can you extend a protective order? The Court may extend the length of a Protective Order under certain circumstances.

  1. After a hearing and good cause shown, you may extend the length of a Protective Order by 6 months.
  2. The standard of “good cause shown” is entirely up to the judge’s discretion.
  3. There is persuasive case law from other states that suggests what might be considered “good cause,” but Maryland law does not define “good cause” specifically.

If the respondent abuses you while the Protective Order is in effect, you can seek to extend the order for up to 2 years. If the respondent abuses you again within 1 year of the expiration of a Protective Order and the prior Protective Order was valid for at least 6 months, the Court may award you a 2-year Protective Order.

The Court may not, however, add any relief that was not previously awarded. The court form is available on the Maryland Courts website, You can also get a paper from the clerk’s office. Read the Law: Md. Code, Family Law Article §§ 4-506, 4-507 Can you get the same types of protection at each stage of the case? Not exactly.

There are some differences in the types of protection you can get at each stage of the case. Judges have the power to order different kinds of relief depending on whether it is an interim order, a temporary order, or a final order. Learn more. Also, be aware that there is a difference in how long each order remains in effect.

  1. Interim orders generally expire at the end of the second business day after issuance or at the temporary protective order hearing, whichever is earliest.
  2. Temporary protective orders generally remain in effect not more than 7 days, although the judge can extend this, as needed, up to 6 months to serve the abuser or for good cause.
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A final protective order generally remains in effect up to 1 year and can be extended up to 2 years. Read the Law: Md. Code, Family Law § 4-504.1,§ 4-505, § 4-506 The circuit court issued a custody and visitation order after my protective order. Which one do I have to follow? A later circuit court order pertaining to any of the provisions included in the final protective order, such as custody, visitation, use and possession, and Emergency Family Maintenance, supersedes those provisions in the final protective order.

  • Read the Law: Md.
  • Code, Family Law § 4-506 My protective order is from another state.
  • Will Maryland enforce my protective order? Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe.
  • However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code.

Some states offer forms of relief that are not available in Maryland, and only those forms of relief that are available under Maryland law will be enforced. This is not a requirement, but you can register your out-of-state order for protection with the District Court or circuit court.

  • The court form is available on the Maryland courts website,
  • Read the law: Md.
  • Code, Family Law Article § 4-508.1 I’m going to move out of state.
  • Will another state enforce my Maryland protective order? Yes.
  • The federal Violence Against Women Act and the full faith and credit clause of the U.S.
  • Constitution provides for valid Maryland protective orders to be enforceable in other states.

Make sure you check the other state’s laws as there may be limitations or additional requirements. Learn more about enforcement of out of state protective orders, Is a protective order a restraining order? The legal terms are not always the same across states.

  • Another state may refer to a protective order as a restraining order.
  • In Maryland, the term “protective order” is used.
  • Can the court issue mutual protective orders? The court can only issue an order to the person who has filed a petition.
  • Thus, mutual orders are only available if both parties have filed for a protective order.

If that’s the case, then the court can issue mutual orders if the courts finds, by a preponderance of the evidence (i.e., more likely than not) that mutual abuse has occurred, both parties acted as primary aggressors, and neither party acted primarily in self-defense.

How Do restraining orders work in Washington state?

If you get that knock on a door and a law enforcement officer hands you a pile of papers, this often means you have been served with a court order. The court order you have likely been served within Washington state is often called a protection order or a restraining order.

The order can force you from your home and prohibit you from making contact with the protected party. If you are accused of violating the order, you will be arrested and held in jail. You could face up to a year in jail if you are convicted of violating a protection order. The scary thing is that someone got a restraining order against you without any notice to you.

The good news is that the protection order or restraining order is temporary and you will have a chance to appear in court to tell your side of the story. If you do not appear, or if you appear and lose, the order could be permanent. A permanent loss of your freedom and rights.

How does a restraining order work in Arizona?

01 Jun How Does a Restraining Order Work in Arizona? – In Arizona, a restraining order—also called a protective order or “no contact” order—allows a judge to legally stop one person from coming near the other person. If the person named in the restraining order makes contact with the protected party, they are violating the terms of the order, and can be arrested.

A person receives abuse and/or threats from another person Domestic violence Stalking situations Harassment Criminal trespassing and/or criminal damage Crimes against children

Let’s talk more about the types of restraining orders available, how to get a restraining order in Arizona, and how to contest one.

What qualifies for a restraining order in Illinois?

Illinois Domestic Violence Act: Orders of Protection Domestic violence is a crime. Any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. Under Illinois law family or household members are defined as:

family members related by blood; people who are married or used to be married; people who share or used to share a home, apartment, or other common dwelling; people who have or allegedly have child in common or a blood relationship through a child in common; people who are dating or engaged or used to date, including same sex couples; and people with disabilities and their personal assistants.

Orders of protection An order of protection is a court order which restricts an abuser and only is available to family or household members. An order of protection may:

prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation) bar abuser from shared residence or bar abuser while using drugs or alcohol; order abuser to stay away from you and other persons protected by the order and/or bar abuser from your work, school, or other specific locations; require abuser to attend counseling; prohibit abuser from hiding a child from you or taking a child out of state; require abuser to appear in court or bring a child to court; give you temporary physical possession of children or give you temporary legal custody; specify visitation rights (if and when visitation is awarded); bar abuser from accessing child’s records; give you certain personal property and require abuser to turn it over, or bar abuser from damaging, destroying or selling certain personal property; require abuser to pay you support for minor children living with you, require abuser to pay you for losses suffered from the abuse, require abuser to pay for your or your children’s shelter or counseling services; require abuser to turn weapons over to local law enforcement, if there is danger of illegal use against you; prohibit abuser from other actions; or to protect you, require abuser to take other actions.

Criminal Prosecutions If an arrest wasn’t made and you wish to seek criminal charges against your abuser, bring all relevant information, including the police report number and this form, to your local state’s attorney. It may be helpful to contact a local domestic violence program so they can help you through the system. To obtain an Order of Protection, you can:

Ask your attorney to file in civil court. Request an order with your divorce. Request an order during a criminal trial for abuse. Go to your local circuit court clerk’s office and get papers to seek an order of protection for yourself. Contact a local domestic violence program to ask for assistance in completing the forms.

Law Enforcement Response Law enforcement officers should try to prevent further abuse by:

arresting the abuser when appropriate and completing a police report; driving you to a medical facility, shelter or safe place or arranging for transportation to a safe place; taking you back home to get belongings; if there is probable cause to believe that weapons were used, taking those weapons; telling you about your right to an order of protection; and telling you about the importance of saving evidence, such as damaged clothing or property and taking photographs of injuries or damage.

Also, law enforcement should know that the Illinois Domestic Violence Act assumes it is in the best interest of the child to remain with the you or someone you choose. If Abuser Contacts You After an Arrest When anyone is charged with a crime and the victim is a family or household member, that abuser is most likely prohibited from contacting the victim and from entering or remaining at the victim’s residence for a minimum of 72 hours.

  • So, if the abuser does contact you soon after an arrest, you should call the police because the abuser can be charged with an additional offense, violation of bail bond, which is a Class A misdemeanor.
  • Violation of an Order of Protection Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine.

A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony. If an abuser commits a second violation of order of protection, courts must sentence the abuser to 24 hours jail time and order abuser to pay $100 domestic violence fine, unless the increased fine will impose an undue harm on you, the victim of the domestic violence.

How Illinois Law Can Protect You From Stalking: Illinois Orders of Protection & No Contact Orders Illinois Orders of Protection & No Contact Orders: Poster

What is needed for a restraining order in California?

2.4. Workplace violence – A person can ask for a workplace violence restraining order if:

  1. the person is an employer, and
  2. the person wishes to protect an employee from a credible threat of violence, immediate danger, or abuse at the workplace.7

Note that an employee cannot ask for this type of order. If he/she wishes to protect him or herself at work from a co-worker, the party has to ask for:

  • a civil harassment protective order, or
  • a domestic violence protective order (if the person is in a close relationship with the restrained party).