Protective orders can enforce multiple restrictions on an abuser. A judge provides these orders to protect the welfare of the abused, their family and other household members.
However, a petitioner must meet certain conditions to qualify for a protective order. Depending on the petitioner’s circumstances, they can apply for diverse types with varying features.
There are three types of protective orders:
- Emergency: An abuse victim or law enforcement officer can request this order from a judge or magistrate when there is reason to believe that potential danger is present. It can remain valid for 72 hours or until the next scheduled court session, whichever comes later.
- Preliminary: This is an order that a victim can only receive from a judge. The judge will decide the terms depending on the petitioner’s statements and circumstances. It lasts around 15 days or until the next hearing indicated in the order.
- Permanent: This order can last up to two years once received. However, the process requires the petitioner and the abuser to attend a hearing. The judge can also extend the order’s duration as needed.
Additionally, each order can have unique features based on the case details.
Protective order and criminal charges
Getting an order is separate from pressing criminal charges. It is an enforceable civil order that provides protection. Moving states make no difference.
Federal law has provisions for protective order enforcement regardless of relocation. However, a petitioner can avoid confusion by registering the order’s copy with the local general or domestic relations district court.
Refusing to comply with an order is a criminal offense. It could lead to jail time and other penalties. The court also needs to reissue a protective order after the violation.