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