What Do Professionals Need to Know?
Criminal Justice
Overview of the Issue
Orders of Protection
An Order of Protection is a Court order designed to prevent a respondent/defendant from engaging in violent or threatening acts against, harassments of, contact or communication with, or physical proximity to a petitioner/victim. An Order of Protection must be issued by a Court, and can likewise only be modified or terminated by that same Court or a Court of competent jurisdiction.
Types of Orders of Protection include, but are not limited to:
- Emergency Orders of Protection
- Temporary Orders of Protection
- Family Offense Orders of Protection
- Temporary or Final
- Orders of Protection issued as part of Temporary or Final Divorce Orders,
Family Offense Orders of Protection must be considered criminal in nature, and remain in effect for the period of time stated in the Order. An Order can be extended to remain in effect longer than the period of time stated in the order if:
- The protected person has filed for and received an extension by the issuing Court or a Court of competent jurisdiction
- The Order of Protection was automatically extended by the filing or reopening of a court case between the same parties
- The Order of Protection was extended by an order entered in another court case between the same parties
In each of the above instances a new Order of Protection will be issued indicating the new expiration date.
A Orders of Protection do not remain in effect for the period of time stated in the order if:
- An order was entered by the Court dismissing the Order of Protection
- A case between the same parties extended the Order of Protection by law and another temporary or final order was entered, and that temporary or final order did not extend the Order of Protection.
