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Protective and Peace Orders
If you are seeking protection from violence or harassment or if you have been served with a protective or peace order filed against you, you should promptly seek legal assistance from a qualified attorney to assist you through this process and to try to obtain the best result possible under your specific circumstances.
If you feel you need protection from another person because their behavior is threatening or harassing, you may be able to obtain a protective order or peace order to help prevent the person from continuing the behavior.
You may be entitled to a protective order if you:
- are the person’s current or former spouse;
- live with the person;
- are a relative of the person;
- are a parent, stepparent, child, or stepchild of the person or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;
- a vulnerable adult; or
- have a child in common with the person.
If you do not fit into any of the above categories, you may be entitled to a peace order.
Both protective and peace orders offer protection from: - an act that causes serious bodily harm;
- an act that places you in fear of imminent serious bodily harm;
- assault in any degree;
- rape or sexual offense or attempted rape or sexual offense in any degree;
- false imprisonment; and
- stalking.
Protective orders also offer protection from: - abuse of a child; and
- abuse of a vulnerable adult.
Peace orders also offer protection from:
- harassment;
- trespass; and
- malicious destruction of property.
The burden of proof to obtain a final protective or peace order is clear and convincing evidence that the act complained of in the petition actually occurred. This is a higher burden of proof than in most other civil cases but not quite as high as that required to obtain a criminal conviction.
If the court decides that you are entitled to a protective order, it may:
- order the person to not abuse or threaten to abuse any person eligible for relief;
- order the person to not contact, attempt to contact, or harass any person eligible for relief;
- order the person to not enter the residence of any person eligible for relief;
- under certain conditions, order the person to leave the home immediately and award temporary use and possession of the home to the person eligible for relief or the custodian of a child eligible for relief
- order the person to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;
- order the person to remain away from a child care provider of a person eligible for relief;
- award temporary custody of a minor child of the person and a person eligible for relief;
- under certain conditions, establish temporary visitation with a minor child of the person and a person eligible for relief;
- in certain circumstances, award support for the person eligible for relief;
- in certain circumstances, award temporary use and possession of a vehicle jointly owned by the person and a person eligible for relief;
- order counseling or participation in a domestic violence program for any party; or
- order the person to pay the court costs.
If the court decides you are entitled to a peace order, it may:
- order the person to not commit or threaten to commit an act the law was designed to protect against;
- order the person to not contact, attempt to contact, or harass you;
- order the person to not enter your residence;
- order the person to remain away from your place of employment, school, or temporary residence;
- direct either or both parties to participate in professionally supervised counseling or, if the parties agree, mediation; or
- order either party to pay the court costs.
Both types of orders can be obtained from either the Circuit or District Court. If there is an ongoing Circuit Court family law case involving the parties or children, you should go to the Circuit Court if it is open. If the Courts are not open, an interim order can be obtained from the Commissioner’s office at the District Court. An interim order can be valid for two business days, after which you will have to obtain either a temporary or final order. A temporary order can be valid for 7 days with extensions available for good cause. After that time, a final hearing must be held to determine if you are entitled to a final order.
Going to court for a peace order or protective order can be complicated. The time allowed to prepare for trial is very short, you must follow the rules of evidence, and the burden of proof is higher than in normal civil cases. Since these orders can affect both parties and their families in many ways, you should seek prompt legal advice.
Information regarding resources available if you are currently experiencing domestic violence are available on my Resources page.
Please contact me if you would like to schedule a consultation.