Domestic Violence Program
ORDERS FOR PROTECTION
What is an Order for Protection (OFP)?
An Order for Protection (OFP) is a special kind of restraining order for victims of domestic abuse. It is issued by Family Court to protect a person from abuse by family, a household member, or a significant other. "Abuse" includes everything from actual physical or sexual abuse to verbal threats of abuse.
Who is eligible for an Order for Protection?
You may file an OFP if you have recently (generally within one year) been a victim of domestic
violence. Domestic violence is defined as any act of abuse, including pushing, shoving, grabbing,
slapping, punching, pulling hair, kicking, forcing sexual acts, or threatening with a weapon.
You are eligible if you and the person who has abused you:
- are married or used to be married
- are related by blood (including parents, children, and grandparents)
- are unmarried persons who either live together, have lived together, or have had a significant romantic or sexual relationship
- have a child in common (or are expecting a child together) regardless of whether they lived together.
This means that if any of these persons has threatened to or has actually hurt or abused
you, you can apply for an OFP. You can also apply for an OFP for a minor child in your
family or household. Minors who are 16 years of age or older can apply for an OFP on their own
behalf against a spouse, former spouse or a person they have a child in common with. If you are
married, you do not have to start a divorce to get an Order for Protection.
The following persons cannot get an OFP and would need to take different action to seek protection from abuse or harassment:
- Persons trying to protect a vulnerable adult, or a minor child in a different family
or household, cannot get an Order for Protection, and instead should call their
local Adult Protective Services or Child Protection unit to report the suspected
abuse or harassment.
- Neighbors or strangers who you have had no relationship with in the past, you instead
should file for a Harassment Restraining Order (HRO).
What is the difference between an OFP and a Harassment Restraining Order?
A person can get a Harassment Restraining Order from District Court to stop a person from doing
repeated, intrusive or unwanted acts, words or gestures intended to harm the safety, security or
privacy of another person. Unlike the OFP, your legal or blood relationship to the harasser is
not important to getting a Court Order. You do not have to be related to the person: You can be
a neighbor, acquaintance or stranger to the person committing the harassment and get a HRO. If
you are a parent or guardian of a minor who is being harassed, you can seek a HRO on behalf of
that minor.
How to apply for an Order for Protection
As soon as possible after the abuse happens, go to your county courthouse or call the Hands of
Hope Resource Center where an advocate will help you fill out a PETITION (an application) and an
AFFIDAVIT (telling what happened). The judge will review your PETITION and either sign or
dismiss the OFP. If the OFP is signed, the other party will have to follow the Order until the
hearing, if a hearing is requested. If no hearing is requested, the Order will go into effect
immediately for the length of time written on the OFP. There is no filing fee for an OFP and in
most cases you will not need a lawyer.
Why get a court order?
Although a Court Order does not guarantee protection, it does put an abuser or harasser on notice
that further abusive or harassing action may lead to arrest, a misdemeanor charge (or gross
misdemeanor if it is a second violation within two years), imprisonment, and/or a fine.
Preparing for an OFP
Things that you should be prepared for when you come in to file are such things as:
- dates of past orders, divorce proceedings, or other previous court involvement between
you and the respondent;
- an account of your income and expenses as well as the respondent's income and
expenses if you are going to ask for any child support or financial assistance
from the respondent;
- ideas about what you would like to see happen with visitation for the children (if
there are any).
Other items of evidence that may be helpful to bring are things such as:
- police reports
- medical records
- your affidavit (make sure to include most recent incident that has occurred, the
first incident that occurred, and the most severe incident that occurred)
- threatening letters or notes
- pictures
- receipts for damages the abuser has caused you.
You may also bring any letters or statements from witnesses; however, these must be notarized.
What should an Order for Protection include?
You must include in your petition each protection you are requesting. If you leave an item out,
you will not have protection on that point. An OFP can include anything in the following list,
and:
- Always restrains the abuser from committing further harm
- May order the abuser to move out of the home
- May exclude the abuser from the victim's place of employment
- Can include a temporary order for custody and visitation
- May include a temporary order for child support
- May order temporary alimony
- May order counseling or other social services
- May order the abuser to go to a counseling or a treatment program
- May award you or the abuser the temporary right to keep or use certain items of
personal property
- Can order one or both of you not to sell, give away, destroy or harm any property
- May order the Sheriff to protect you while you get your things out of the home
- Always includes a statement that any violation of this order is a misdemeanor and may
subject the abuser to criminal penalty.
What happens at a hearing?
Normally, when you file the Petition, the clerk will give you a court date for a hearing that is
within seven days from the date of filing. If there is a hearing, the court will ask both you
and the other party about the abuse described in the Petition. Your testimony is important, but
it will also help to bring police reports, medical records, any photographs of injuries, and any
witnesses. If the Court finds that the abuse did occur and that you need further protection, you
will get an Order for Protection effective for up to one year. A Harassment Restraining Order will
last for two years. Either order can be extended after its expiration by reapplying before the
expiration date with the Court.
How is the order served on the abuser or harasser?
The Petition (and the Ex Parte Order) must be personally served on (handed to) the abuser or the
harasser. The Sheriff usually does this. If the abuser cannot be found, ask the Clerk of Court
to proceed by "publication". An OFP hearing can be held one week after the notice is published
even if the abuser is hiding or if you don't know his or her address.
What if I have an order and the abuser or harasser violates it?
Police must arrest the abuser or harasser if they have probable cause to believe that the person
has violated an OFP or a HRO. They do not need to have actually seen the assault, threat or
harassment to make the arrest, but they do need to see a copy of your OFP or HRO. Therefore it is
very important for you to have a copy of your OFP or HRO on your person at all times. If the
abuser or harasser comes to your home or place of employment and violates the terms of the OFP
or HRO, call the police and they can arrest him or her without a warrant. Even if the police do not arrest, still report the violation so that there is documentation. An interested person,
such as a counselor, can file an affidavit about the violation of an OFP. This may be useful if
your abuser fails to complete a court-ordered treatment program. You can also file civil
contempt charges against your abuser if he or she violated the OFP.
Do I violate the Order for Protection if I let the abuser into my home?
You don't violate it if you have an OFP that excludes the abuser from the home and you let him
or her enter. However, this would be a violation of the OFP by the abuser. Avoid this situation
if possible.
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