| What is a Protective Order?
A Protective Order. . .
* Orders a person not to commit any more family violence
* Orders a person not to come within a certain distance of
where the victim lives and works and of the victim's
children, their home, school, day care or baby sitter
* Orders a person not to communicate with the victim
indirectly in a way that is harassing or threatening
* Prevents a person from harassing, annoying, alarming,
abusing, tormenting or embarrassing the victim or a member
of the victim's family or household
* If you are still living together, requires the defendant
to move out
Who is entitled to a Protective Order?
The person who committed the family violence against the
victim must be either
* related to the victim by blood or marriage
* currently living with the victim or must have lived with
them at some time
* someone with whom the victim has had a child
* someone who has or has had a dating relationship with the
victim
How to apply.
You will be required to fill out a simple application form
giving us information on yourself and the person you are
making the complaint against (the defendant). If you cannot
fill out the application, we will help do it for you.
At this time it is determined whether to send the defendant
a letter, raise a bond, secure a no-contact order or request
a protective order.
You will also be referred to various outside agencies for
appropriate services.
What information do we need?
In order to provide you with a Protective Order, we need
the following:
* A police report (We will obtain this for you; however, if
you have a recent police report it will expedite your case)
* A statement that we take from you describing what type of
violence has occurred
* A current address on the defendant
Protective Order procedures
Once the paperwork is prepared, a protective order hearing
will be scheduled in twenty (20) days to give the Sheriff's
Office time to serve the defendant. Once granted, a
protective order lasts two years.
The Sheriff's Office will hand deliver the paperwork to the
defendant. The paperwork consists of an application for the
protective order, the sworn statement you signed in our
office describing the violence, and a Temporary Ex Parte
Order to keep the defendant from bothering you until the
hearing date. This includes keeping the defendant away from
your house and job.
If the Defendant is served, you will need to go to Court.
An attorney will go with you to Court to represent you and
answer all your questions.
If the defendant agrees to leave you alone, an Agreed
Protective Order will be issued. If he or she does not show,
you automatically get a protective order by default. If he
or she denies the charges, a hearing will be held in front
of a Judge who will decide if you get the protective order.
Once you receive the Protective Order, the defendant may be
arrested if he or she bothers you or goes near your residence.
However, if the defendant is not delivered (served) the papers,
the case will be reset again for twenty (20) days, and again, if
necessary.
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