How to get a protective order?
How to get a protective order?
1) Identify the type of protective order you need. States often have more than one type of protective order. 2) Seek an ex parte order for an immediate threat. If the threat of violence is immediate, you should seek an ex parte order. 3) Find the form. You will need to request a protective order by filing a petition or motion in court. 4) Complete the form. A typical form will ask for basic personal information about you and the abuser, including a description of the abuser. 5) File the forms. You should make copies for your records as well as one copy for the person you are seeking to restrain. 6) Get a court date. After you file, you will receive a date for a court hearing. It usually takes a day or two, depending on your state. 7) Serve notice. You must notify the other party that you have filed for a protective order. 8) Attend your hearing. At the hearing, you may ask for specific protections. You will also be asked questions in front of the judge. 9) Receive the protective order. Typically, the judge decides whether to grant the order or not on the same day as the hearing.
How do I apply for a protective order?
Contact the clerk of the court in your city or county to obtain the necessary forms for the protective order. Ask the clerk of the court how quickly your case can be reviewed by the judge. In many states, a protective order request is high priority. Complete the paperwork and return it to the clerk of the court.
What is the purpose of a protective order?
A protective order is commonly used to protect a party or witness from unreasonable or invasive discovery requests (for example, harassing questions in a deposition, or an unnecessary medical examination).
What are the different types of protective orders?
There are two types of protective orders; adult protective orders and child protective orders. Any interested party can file a petition for a child protective order to prohibit someone from having contact with a child.
