Protective Order
(See Peace Order Description below)
The following is a synopsis of the law regarding protective orders. It is not intended to be a complete summary of the law and should not take the place of legal advice from an attorney:
A protective order is a civil (not criminal) restraining order filed by the alleged victim against the alleged perpetrator. Protective orders are specifically designed for parties who share a close relationship (ie. family members, spouses, girlfriends, etc.). They last for 1 year, can be extended in certain situations and can contain numerous protections and conditions.
Protective orders can only be sought in cases involving: a) serious bodily harm, b) fear of serious bodily harm, c) assault, d) rape or sexual assault, e) false imprisonment, f) stalking.
Protective orders generally happen in 2 stages:
1) The alleged victim files for a "temporary protective order (TPO)." As the name implies, this order only last for 7 days. TPO's require a much lower standard of proof. All that a Judge needs to find is that there is "a reasonable basis" to believe that the abuse occurred. Unlike the final order, the hearing for a TPO can be conducted ex parte, meaning that the accused abuser does not need to be present. Most TPO's are granted.
2) Approximately 7 days after the TPO, the court will schedule a "Final Protective Order" (FPO) hearing. The alleged abuser has the right to be present at this hearing and present evidence in his/her defense. The standard of proof is much higher at this hearing. The Judge must find that the abuse occurred beyond "a preponderance of the evidence (approximately %50.01 sure). If the Judge grants the FPO, there are numerous conditions that can be included, such as: no contact; custody of shared children; Emergency Family Maintenance (EFM); use and possession of the home and/or car; mandatory removal of firearms; etc..
TPO's can be filed in both the District and Circuit Court. All District Court cases can be appealed to the Circuit Court de novo (completely new hearing, previous hearing doesn't control it).
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Peace Order
The following is a synopsis of the law regarding peace orders. It is not intended to be a complete summary of the law and should not take the place of legal advice from an attorney:
A peace order is a civil (not criminal) restraining order filed by the alleged victim against the alleged perpetrator. Peace orders are specifically designed for parties who do not have a close relationship (ie. co-worker, etc.) They last for 6 months, can be extended in certain situations and are limited in what protections they can provide.
Peace orders can be sought in cases involving: a) serious bodily harm, b) fear of serious bodily harm, c) assault, d) rape or sexual assault, e) false imprisonment, f) stalking, g) harassment and h) malicious destruction of property. However, unlike a protective order, the peace order must be filed within 30 days of the incident. If not filed within that time, it will not be granted
Peace orders generally happen in 2 stages:
1) The alleged victim files for a "temporary peace order (TPO)." As the name implies, this order only last for 7 days. TPO's require a much lower standard of proof. All that a Judge needs to find is that there is "a reasonable basis" to believe that the abuse occurred. Unlike the final order, the hearing for a TPO can be conducted ex parte, meaning that the accused abuser does not need to be present. Most TPO's are granted.
2) Approximately 7 days after the TPO, the court will schedule a "Final Peace Order" (FPO) hearing. The alleged abuser has the right to be present at this hearing and present evidence in his/her defense. The standard of proof is much higher at this hearing. The Judge must find that the abuse occurred beyond "a preponderance of the evidence" (approximately %50.01 sure). If the Judge grants the FPO, there are a limited number of protections the Court can grant, reflecting the lack of a close connection between the parties. Usually, the Respondent will be ordered to stay away from the Petitioner and not be allowed to contact them.
TPO's can be filed in both the District and Circuit Court. All District Court cases can be appealed to the Circuit Court de novo (completely new hearing, previous hearing doesn't control it).
Click here to set up a consultation with me to discuss your legal options.