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1. Where can I go to request an order of protection?

The order must be filed in the Clerk of Court’s Office in the county in which the abuse occurred, where you live, where the person who committed the abuse lives, or where the parties resided together.

2. What information do I have to provide?

For people living in a household, you must indicate specific time, place, details of the abuse, and other facts and circumstances.

3. Who does the order protect and from what?

The order protects the abused person or persons from being abused, threatened to be abused, or molested. The order prevents any communication or attempts to communicate. The order also prevents entering or attempting to enter the petitioner’s:

• College
• Home
• Job
• School
• University
• Other location as the court may order

4. How long is the term of the order?

The term of the order is not less than 6 months, not more than one year. However, the order of protection can be ended by an order of dismissal and may be extended or terminated by either party. An order issued by a magistrate expires as provided under the terms of the order or upon issuance of a subsequent order by family court.

Family court may modify the terms of any domestic abuse order.

5. What happens if the order of protection is violated?

30 days in jail or a fine of $200 or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed $500.

6. The person I need an order against doesn't live with me; who is considered a household member?

Household member means spouses, former spouses, persons who have a child in common, or a male and female who are cohabiting or have formerly cohabited.

7. How do I obtain an order of protection during non-business hours or when Family Court is not in session?

A magistrate can issue an order whenever the family court in his/her county is not in session. A person requesting an order of protection should not be required to go into an adjoining county’s family court to petition for an order of protection.