Domestic Violence Protective Order
What does "Domestic Violence Protective Order" mean in law?
A domestic violence protective order (also called a restraining order or order of protection) is a court order designed to protect victims of domestic violence by prohibiting the abuser from contacting, threatening, or coming within a specified distance of the victim and, in many cases, the victim's children. These orders may be issued on an emergency or ex parte basis (without the respondent present) based on a sworn affidavit of imminent danger, followed by a full hearing within a short statutory period where the respondent can contest the allegations. Protective orders can grant temporary custody of children, require the abuser to vacate the shared residence, mandate surrender of firearms, and award temporary support. Violation of a protective order is typically a criminal offense punishable by arrest, fines, and incarceration, and the existence of such an order is a significant factor in subsequent custody proceedings.
Definition
A domestic violence protective order (also called a restraining order or order of protection) is a court order designed to protect victims of domestic violence by prohibiting the abuser from contacting, threatening, or coming within a specified distance of the victim and, in many cases, the victim's children. These orders may be issued on an emergency or ex parte basis (without the respondent present) based on a sworn affidavit of imminent danger, followed by a full hearing within a short statutory period where the respondent can contest the allegations. Protective orders can grant temporary custody of children, require the abuser to vacate the shared residence, mandate surrender of firearms, and award temporary support. Violation of a protective order is typically a criminal offense punishable by arrest, fines, and incarceration, and the existence of such an order is a significant factor in subsequent custody proceedings.
Example
After presenting evidence that her husband had repeatedly threatened and physically assaulted her, the court issued an emergency protective order requiring him to vacate the family home, stay at least 500 feet from her workplace, and surrender his firearms within 24 hours.