Kind of Order
Who May Obtain?
Where do you obtain From?
| NO-CONTACT ORDER
|| Incident must have been reported to
the law enforcement. Criminal charges must be pending.
|| No-Contact Orders are available through
the court in which the abuser has been charged: District Court,
Municipal Court or Superior Court
| ANTI-HARASSMENT ORDER
|| A person, not related or living with
the harasser, who has been seriously alarmed, annoyed or harassed.
This is an order, which may be obtained by the victim of harassment.
|| District Court
| DOMESTIC VIOLENCE PROTECTION ORDER
|| A person over 16 years of age who has
been the victim of physical harm or fears imminent physical harm
from a family or household member (includes dating relationships)
|| District Court if there are no children
in common involved. Superior
Court only if case involves children, or ordering person to vacate
||This order is available
only if Divorce, Dissolution of Marriage, Legal Separation, or Child
Custody proceedings are being or have been initiated. This Order
takes precedent over Domestic Violence orders. Obtaining a Rest-raining
Order is complex and expensive. The victim may be unable to obtain
a Restraining Order without hiring an attorney.
||Superior Court only
Pattern forms are available for certain types of actions on the
State Administrator for the Court's web-site
TYPES OF PROTECTION ORDERS AVAILABLE
(Instructions for clients of Superior Court)
- DOMESTIC VIOLENCE ORDER OF PROTECTION
This is the most commonly requested order.
It is a civil order for the court telling the family or household
member who threatened or assaulted you not to harm you again.
A protection order CAN:
Order the respondent not to threaten or
Order the respondent not to enter your
Give one parent temporary custody
Set a schedule for visitation with
Order the respondent to leave a shared
Grant you possession of essential personal
Grant you use of a vehicle.
Order the respondent to attend counseling.
A protection order CANNOT:
Order child support.
Order maintenance (alimony)
Assign most property to either party.
Establish permanent child custody or use
of the shared residence.
The Clerk will give you the forms to fill out.
The person who is asking for the Domestic Petition Order is
called the PETITIONER. The person they are filing against is
called the RESPONDENT. After the forms are filled out, you will
speak to a judge about your case. A temporary order may be signed,
which is good for up to 14 days. A hearing will e set within
the 14 days, and the respondent will be given the notice of
that hearing. At the hearing, the court will listen to testimony.
If the respondent appears, the court will hear from both sides.
If accepted, the court will issue the Order of Protection, which
is good for one year from the date it is signed.
The Petitioner can petition for relief on behalf
of themselves or on behalf of the minor family member of a minor
household member, and they must have lived with the respondent
as husband and wife, or in a similar arrangement.
The Petition must be filed in the county where
the Petitioner lives, unless they go to another county to avoid
- RESTRAINING ORDERS
This is broader than a Domestic Violence Protection
Order, since it can deal with property issues, child support,
spousal support, as well as domestic violence and temporary
custody issues. A restraining order is filed as part of a DIVORCE
CASE, A PATERNITY CASE, OR OTHER FAMILY LAW CASE. If you are
concerned about preventing the Respondent from disposing of
assets during your separation, you might contact an attorney
to see about getting a RESTRAINING ORDER.
- NO-CONTACT ORDER
This type of order does not require you to fill
out a petition because it is part of a criminal action.
CIVIL ANTI-HARASSMENT ORDER
This order typically applies to situations when
the persons are not married or related to each other. This is
filed in District Court.
PRACTICE OF LAW FORBIDDEN
2.32.090: Clerk not to practice law. Each clerk of a court is
prohibited during his continuance in office from acting, or having
a partner who acts, as an attorney of the court of which he is a
clerk. (It is a definite and posted office policy that employees
will not give legal advice to members of the public or engage in
anything that might constitute the practice of law.)