Protection orders: how to get a protection order

Aging, Spring, 1996

How to Get a Protection Order

A protection order is a legal document issued by the court for the purpose of preventing acts of violence against people and property. Protection orders can be issued by both civil and criminal courts.

Through the protection order, the court may order the abuser to vacate the home and to stay away from the elderly victim and to have no contact in public places, by telephone, and even by mail with the older person. In some cases, supervised visits and telephone contact may be allowed.

There are two kinds of protection orders: Temporary Protection Orders (also called Emergency Protection Orders) and Civil Protection Orders (also called Permanent Restraining Orders or No Contact Orders).

A Temporary Protection Order protects you on an emergency basis while you take further legal action. It is issued the day it is requested and typically lasts 14 days or until a hearing is held. When you obtain a Temporary Protection Order, you must also file for a Permanent Protection Order.

"Permanent" is a misleading term, since these protection orders in many states last from 6 months to 2 years. To get a Permanent or Civil Protection Order, in many states you must be related to the abuser by blood or marriage, share or have shared the same house, or have had a significant relationship.

The process for obtaining a protection order differs from one city, county, or state to another. It can be a time-consuming and intimidating experience for an older person. But it is important to follow through in order to protect yourself or your property.

1. Get assistance. If you feel you or your property is in immediate danger, call the police on 911. You can also call your local Area Agency on Aging or Department of Aging, and ask for adult protective services (APS) or call a local domestic violence shelter or hotline for help. The APS or domestic violence worker will direct you to an office in the county courthouse, probably an office concerned with family violence, that will help you to fill out a petition for a protection order.

2. Obtain a Temporary Protection Order. If you are in immediate danger, the court will arrange for you to have a hearing that very day before a judge. The abuser is rarely present. The formal report made to Adult Protective Services of abuse or threatened harm will be provided to the judge. You should also bring any evidence (doctors' or police reports, photos of bruises or property damage) or witnesses such as neighbors and family members who can help you to prove your case.

3. Serve the respondent with the Temporary Protection Order and the summons to appear in court. In order for a protection order to take effect, it must be hand-delivered to the abuser. Sometimes the police, the sheriff's office or a U.S. Marshall will serve the papers. In cities where law enforcement will not do this, you can ask a relative or friend over 18 to serve the papers or find a professional "process server" in the Yellow Pages who will do it for a fee of about $40.

4. File a petition for a Permanent Protection Order. In filling out the form, be aware that the judge will pay close attention to the information in your petition, so the more complete it is, the stronger your case will be. You should include a detailed description of each time (the hour and date