Protective And Emergency Court Action

Also known as a restraining order, it is put in place to protect a person that is targeted in a hostile situation usually involving harassment, stalking, domestic violence, or sexual assault. This order is issued by a judge or magistrate to protect the individual. Note, to be awarded a permanent protective order, you must show that the harassing conduct violates a law. This often leads to “criminal” trials, but with the burden set at “preponderance of the evidence instead of beyond a reasonable doubt.

Often, protective orders are used proactively in family law cases to obtain a restraining order which keeps one party away from the children or assets. Be alert to conduct that could cause a protective order to be filed against you, and seek legal counsel if you are in a hostile or combative family situation.

There are 2 types of general protective orders in family law:

1. TEMPORARY PROTECTIVE ORDER (TPO) – This order lasts for 15 days or until a full hearing has been held. You must file a petition with the court to acquire a preliminary protective order to be filed.
2. PERMANENT PROTECTIVE ORDER (PPO) – After both of the parties have received notice and are both heard in court you may receive a protective order for up to one year.