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What is a Court Protection Order?
A court protection order is an order telling your abuser not to threaten, abuse, or otherwise harass you. The order may also contain the following provisions:
- An order telling your abuser to move out of your shared residence.
- A temporary order awarding child custody and setting visitation times and locations for exchanges.
- An order telling your abuser not to go to your residence, workplace, or children’s school.
People who have been subject to any unwanted touching, pushing, hitting, or false imprisonment may apply for a court protection order. A person who has been threatened with any physical harm may also apply for a court protection order. Protection orders are designed to help people who have been abused by a partner, whether they are simply dating, living together, married, or divorced
The ex-parte is the first hearing for a court protection order. Ex-parte means that usually only one side is present at the hearing. The person requesting the court order is called the petitioner. The respondent is the person to be restrained. The petitioner should fill out an application for a protection order.
The application consists of three pages. The first page is the law enforcement information page. This page helps law enforcement serve the order by giving them information about where the respondent lives, works and spends time. The order cannot be put into effect until it has been served. The petition itself asks questions about the petitioner’s relationship to the respondent, the incident or a history of incidents, and children. The petitioner should request the custody and living arrangement that she or he desires.
At the hearing the judge may ask some additional questions pertaining to the application. If the judge decides to issue an order, he or she will ask about visitation arrangements and the level of contact that the petitioner would like. For instance the petitioner may request that the judge allow phone calls or third person contact with the respondent..
The ex-parte may be issued for two weeks only. At the end of two weeks a hearing will be scheduled to continue the court protection order. The respondent will be served with a copy of the order and the petition. The respondent will be invited but not required to attend the hearing for the renewal of a court protection order.
A petitioner is not required to have an attorney in order to apply for or continue a court protection order. There is not a fee for processing or serving a court protection order. In Blaine County court protection order hearings are held at the courthouse at 4:30. Petitioners should be present at 4:00 appropriately dressed for court.
At the 90-day hearing the judge will ask the petitioner and the respondent their position on continuing the order. Attorneys may be present, but are not required. If the respondent is not present the judge will usually continue the order as requested by the petitioner. If the petitioner is not present, the order will be dismissed. The petitioner does not have the responsibility to prove allegations of physical abuse beyond a reasonable doubt, but statements from witnesses, photos, or any other evidence may be helpful.
The judge will make a determination as to the continuance of the order for 90 days. Modifications to the order may be made at this time. The judge may want to change child visitation or the possession of a residence. The judge may also make allowances for the exchange of property, especially clothing and tools of trade. At the end of the ninety-day order the petitioner may request that the order be extended for one year without a hearing. Either party may request a modification hearing at any time.
The courtroom is a formal setting, dress conservatively, be on time, and display appropriate conduct. Try to answer and ask questions clearly and concisely. Maintain eye contact with the judge while speaking. Do not talk to or make eye contact with the respondent. Always be honest and limit your testimony to events where you have first hand knowledge. |
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Where can I get an application?
The Advocates (208.788.6070) and the court clerks (208.788.5521) have Court Protection Order applications.
What if the order is broken?If a court protection order is in effect, neither party may contact the other. If you see the respondent driving by, approaching you, or calling; get to a safe place and call the police. If contact with the respondent is accidental, for instance you see each other at the store, neither party should approach the other. Simply turn around and maintain as much distance as possible until you are able to leave the store.
Is anyone available to help me with the Court Protection Order?- The Advocates for Survivors of Domestic Violence can help you with the application and an Advocate may accompany you in the courtroom. Call 208.788.6070 for assistance.
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