Protective Orders

What is a protective order?
A protective order is a court order from a judge that makes one person stay away from another. The order can make someone who has hurt an adult or teenager to stay away from that person's home, school, and/or place of work.

When should someone consider a protective order?
A minor can ask for a protective order against her partner, parent, or household member who is hurting her.

What is the difference between a protective order and a restraining order?
A protective order is enforceable by the police. That means that if someone violates a protective order, the police can be called to come immediately to help someone be safe from the person ordered to stay away. The person violating the protective order can be arrested immediately and risks serving time in jail. A restraining order is not enforceable by the police. If someone violates a restraining order, one must ask a judge for a hearing to decide whether the person actually violated the restraining order. If a victim of physical or sexual abuse is looking for immediate protection, a protective order can be more helpful.

How does a minor get a protective order?
If you need assistance in obtaining a protective order, you can call the Jane's Due Process legal hotline at 1-866-www-jane or 1-866-999-5263. Or, to get a protective order, a minor can call the victim assistance office in her county to get information on how to file her application. When filing the application, she will have to give a sworn statement called an “affidavit” describing recent acts of abuse and when they happened. The application must be filed in the county where the minor lives or the county where the violence happened. It must also be filed by an adult on behalf of the minor. Additional organizations that can help minors file for protective orders are listed on the "Resources" page.

How long will this take?
A judge will make a decision whether or not to grant a temporary protective order (TPO). The TPO will state that the person accused of abuse (the respondent) must stay away from the minor until the final hearing. If the TPO is granted, a hearing will be set within two weeks. The respondent will be told and have the opportunity to give evidence why a final order should not be granted. After this formal hearing, the judge will decide whether a protective order should be granted. These orders normally last from one to two years.

What will a protective order mean to a pregnant minor?
A protective order can give the pregnant minor some time to find a safe place to live away from her parents or abuser. She may decide whether another adult should have legal guardianship of her until she turns 18. She can also use this safe time away to consider filing for emancipation from her parents. A judge can make some decisions to help the minor by deciding where she can live and whether her parent or legal guardian needs to pay any type of child support to her.

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