What is a Protective Order and How Can I Get One?

What is a protective order and how can I get one? A protective order is a court order that says one person must refrain from doing certain acts against another person. You must have a certain type of relationship with the other person to be eligible for a protective order. If you and the Respondent have any of the following relationship categories, then you may qualify for a protective order:

1. The parties are married, divorced, or currently separated;

2. The parties are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);

3. The parties have lived together in a sexual relationship for at least 90 days in the past year;

4. The parties are the parents of a child together;

5. The parties have had a sexual relationship with each other in the past year;

6. You are a vulnerable adult;

7. You were raped or sexually assaulted by the other person (including attempts) in the past six months.

For the court to grant a final protective order, you must prove that the other party committed an act of abuse. The Petitioner must first file a petition for a protective order and the court will issue an interim protective order which will set a time for a temporary protective order hearing. At that time, the Petitioner appears before a judge and explains what happened to the judge and why they need a protective order. If the judge grants the temporary protective order, it usually lasts for 7 days up to a few weeks. It will also outline the date for the final protective hearing which is the final hearing where both the Petitioner, Respondent, and their witnesses present their case. If the judge awards a final protective order, it usually lasts for a period of one (1) year.