The term Order of Protection refers to a document issued by a court to protect victims of domestic abuse. The order limits the adverse party’s behavior by specifying the conduct allowed and prohibited. Failure to comply with an order can result in arrest and prosecution. To explore this concept, consider the following Order of Protection definition.
Every state has laws to protect victims of domestic abuse from further violence. These laws vary but all offer an Order of Protection, sometimes called a “protection order,” or “restraining order.” Once signed by a judge, the order requires the abuser to stop harming the victim. While an order will not necessarily prevent abuse, it allows the victim to notify police and have the abuser arrested.
Most courts offer various types of orders, including emergency protection orders (“EPO”) and permanent protection orders (“PPO”). A temporary order provides victims with immediate protection and lasts up to 30 days. At the end of that time, a hearing takes place. At the hearing, a judge determines if the case warrants protection for a greater length of time. If the judge grants this, it extends the protection for a year or more.
Individuals experiencing abuse by someone in a close relationship may need to file for an Order of Protection. Such abuse does not need to be only physical violence, but also includes threats of violence, stalking, sexual abuse, and harassment. Someone who needs an order of protection may also need to include in the order protection for children, elderly persons, or dependent adults.
Instructions on how to obtain an Order of Protection are available from the court. They are, in fact, generally printed right on the downloadable forms. The first involves petitioning the court for a temporary or emergency protective order. The victim can get the paperwork needed to file from their local courthouse. In fact, most courts offer these forms online.
If granted, law enforcement locates the party accused of wrongdoing and provides him or her with a copy of the order. Once served, the respondent must abide by the conditions included. This remains in effect until the court holds a hearing for a permanent protection order. In some states, the police can give the victim an emergency order.
In some examples of Order of Protection hearings, the judge does not find the victim in immediate or present danger. In these situations, the judge issues a hearing notice. At the hearing, a judge will determine whether to issue a permanent order. Until the hearing, the accused must follow the court-ordered restrictions.
In all examples of Order of Protection hearings, the victim carries the burden of proof. This means that they must show the judge that the perpetrator has harmed or may harm them or their children. It may involve presenting testimony of the abuse, the testimony of witnesses, police reports, documents, and photos. If the burden of proof is met, the judge will sign the order making it in effect for a specified period of time – usually one year. It will list the conditions the respondent must follow and specify how long it remains in effect.
As an example of an order of protection hearing, if the victim fails to appear, the judge dismisses the case. If the respondent fails to appear, the judge typically grants the order.
Domestic violence victims have legal options for protecting themselves from continued abuse. This includes a Domestic Violence Order of Protection, also known as a domestic violence restraining order or “DVRO.”
The order prohibits the abuser from engaging in certain types of behaviors. It also allows the court to impose punishment if the abuser violates those conditions. The punishments can range from fines to imprisonment, depending on the circumstances of the violation.
The following are Order of Protection examples of requirements a victim must meet.
In 2016, Megan Parocha petitioned the court for a protection order against her husband, Richard. At the hearing, she claimed her husband had physically abused her on multiple occasions. Earlier that year, she relocated from New Jersey to Colorado because of the abuse.
Her husband had agreed to let her go for three months. During that time, he contacted her daily. At the end of the three months, Megan told him she wanted to stay in Colorado. She claims he then contacted her via FaceTime, emails, and text and said he would “make” her come back. She took this as a threat and applied for a protective order in Colorado.
The court approved the protection order. The judge stated that Megan’s husband’s frequent contacts after her move were part of the pattern of domestic abuse. This gave the court personal jurisdiction on Richard Parocha under the long-arm statute. This statute allows the courts to exercise jurisdiction on nonresidents guilty of “tortious acts,” including domestic violence.
Richard Parocha appealed to the Boulder District Court, which vacated the order. The court claimed that Colorado did not have the right to exercise personal jurisdiction since Parocha was a nonresident. The case went before the Colorado Supreme Court, which ruled that the husband’s conduct qualified as a tortious act worthy of protection. This allowed the court to establish personal jurisdiction under the state’s long-arm statute.