Protective orders and dating violence
A restraining order can be temporary or permanent based on the moving parties’ request and need, and can be modified at any time if either party can show such a need.Since restraining orders are filed in civil actions, they are enforced civilly by bringing the restrained party back to court for a contempt proceeding wherein he or she may receive various sanctions depending on the severity of the violation.
A child protective order cannot be issued for any other reason.Its purpose is to protect the petitioner and/or the petitioner’s family from a violent cohabitant.If the judge grants the request, a Temporary Protective Order will be issued pending a hearing, which is usually about two weeks after the temporary order is issued.Depending on the parties’ relationship, this can include no communication or physical contact with the petitioner at all, and not coming in or near the petitioner’s home, school, place of business, or vehicle.If the parties have children together, considerations must be made for parent-time and communicating with the children.
The process for obtaining a civil stalking injunction is similar to a protective order.
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