(3) if a violation of the expired order is alleged, a statement that the violation of the expired order has not been grounds for any other order protecting the applicant that has been issued or requested under this subtitle. For further details see our post on the requirements for filing a protective order. Sept. 1, 1999. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. (3) any county in which the family violence is alleged to have occurred. CONTENTS OF NOTICE OF APPLICATION. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. Commonly referred to as "restraining orders," protective orders are legally enforceable court orders telling the person named in the document to stay a certain distance away from the person seeking the protection. Sec. You may want to contact a New Hampshire domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching. June 17, 2011. 296, Sec. 3, eff. (a) A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. Sec. Sept. 1, 2001. While restraining orders also may be used to protect celebrities from overly-obsessive fans, these instances are much less common. (b) An applicant for a protective order shall furnish the clerk with a sufficient number of copies of the application for service on each respondent. 82.009. Upon the motion of any person or upon the court's own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child's life, health, safety or normal development pending the final determination of any matter before the court. 34, Sec. 819), Sec. 82.042. Acts 2011, 82nd Leg., R.S., Ch. (a) A notice of an application for a protective order must: (2) be signed by the clerk of the court under the court's seal; (3) contain the name and location of the court; (4) show the date the application was filed; (5) show the date notice of the application for a protective order was issued; (6) show the date, time, and place of the hearing; (8) show the name of each applicant and each person alleged to have committed family violence; (9) be directed to each person alleged to have committed family violence; (A) the name and address of the attorney for the applicant; or. The best way to learn more about these laws and how they affect your situation is to get in touch with an experienced criminal defense attorney in Maryland. Marc Emden practices law in Maryland and he does not seek to represent anyone in any jurisdiction where this book does not comply with applicable laws and bar rules. A proceeding under this subtitle is begun by filing "An Application for a Protective Order" with the clerk of the court. 82.011. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER. 1242), Sec. Sec. 9:361 et seq., R.S. Protective / Restraining Order Glossary. Step #3: Final Protective Order – Obtaining long-term protection. APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE. The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the commission of an act of violence, force, or threat or (ii) a hearing held pursuant to subsection D of § 19.2-152.9. (2) be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant. Violation of protective orders. 1193, Sec. May 5, 1997. The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The person named in the protective order is required to avoid contact and stay a certain distance away from the person seeking the order for a specified amount of time, sometimes lasting up to a year or more. SERVICE OF NOTICE OF APPLICATION. (c) Any adult may apply for a protective order to protect a child from family violence. Indiana has an online system to petition for protection orders, which means that you can seek assistance in the security and privacy of an advocate's office while the advocate prepares and files the petition electronically. 2, eff. (a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household, Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. (b) A protective order under Section 85.022 must specifically advise the person subject to the order of the requirement of this section and the possible punishment if the person fails to comply with the requirement. Added by Acts 1999, 76th Leg., ch. A protective order can order the abuser to: Amended by Acts 1999, 76th Leg., ch. (2) a statement that the decree is unavailable to the applicant and that a copy of the decree will be filed with the court before the hearing on the application. 82.0085. Note: State laws are always subject to change at any time, usually through the enactment of newly signed legislation but sometimes through higher court decisions and other means. September 1, 2011. You may press criminal charges against the abuser, in addition to petitioning for a protective order, but you do not have to press charges in order to get a protective order. 3. (c) Except as otherwise provided by law, an application requesting the issuance of a temporary ex parte order under Chapter 83 is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date that the court or law enforcement informs the respondent of the court's order. Protective orders are often used to protect the victims of domestic violence or stalking. (3) prohibiting the release of the information to the respondent. Harassment in the workplace occurs when: 1. (1)(a) Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. This is the most commonly requested order. Sec. 2. A protective order is a civil court order issued by a court to prevent continuing acts of family violence, dating violence, stalking or sexual assault. A protective order is a legal injunction, which is essentially an official document issued by the court. Sept. 1, 2001. (A) Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include: 2, eff. Sec. APPLICATION FILED FOR CHILD SUBJECT TO CONTINUING JURISDICTION. Internet Explorer 11 is no longer supported. (ii) Except as provided in § 4-505(c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is … 3, eff. Sec. 1160, Sec. CONTENTS OF APPLICATION. Sec. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. Sec. A protective order for sexual assault, sexual abuse, indecent assault, stalking, or trafficking is a civil court order that is similar to a protective order for domestic violence, but it is designed specifically to protect you from someone who sexually assaulted you, committed other sexual offenses against you, stalked you, trafficked you or forced you into prostitution. 422 (S.B. APPLICATION FOR PROTECTIVE ORDER. A protective order is a civil order, and is not the same as pressing criminal charges. Sept. 1, 1997. September 1, 2017. (b) Except as otherwise provided by law, an application for a protective order is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date of service of notice of the application or the date of the hearing on the application, whichever date is sooner. Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department, or the New Hampshire Domestic Abuse Hotline at 1-866-644-3574. (b) An applicant for a protective order shall furnish the clerk with a sufficient number of copies of the application for service on each respondent. Added by Acts 1997, 75th Leg., ch. Sec. 1, eff. (2) a description of the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault. Violation of Protective Order or Magistrate’s Order, Texas Penal Code (a) A person commits an offense if, in violation of an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally: 82.043. May 5, 1997. a.A hearing shall be held in the Superior Court within 10 days of the filing of an application pursuant to section 3 of P.L.2015, c.147 (C.2C:14-15) in the county where the temporary protective order was ordered, unless good cause is shown for the hearing to be held elsewhere. 34, Sec. 1, eff. (b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by: (1) an adult member of the dating relationship; or. Protective orders are most often used by abused spouses and exes, they may also protect children and stalking victims. sexual assault protective orders. You or your attorney may, but are not required to, file a written answer to the application. (b) The procedural requirements for an original application for a protective order apply to a protective order requested under this section. (2) a statement that the orders affecting the child are unavailable to the applicant and that a copy of the orders will be filed with the court before the hearing on the application. (a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must: (1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and. The email address cannot be subscribed. All rights reserved. September 1, 2017. 1, eff. 82.001. 742 (S.B. There are 3 different types of protective orders (also called restraining orders) that can prohibit certain kinds of behavior, including contacting the person who requested the protective order: domestic violence protective orders. (e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle. (b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter. 1, eff. 1193, Sec. Visit our professional site », Created by FindLaw's team of legal writers and editors 1, eff. It is intended to protect someone from future violence by ordering another person not to do certain things -- usually to stay away from and not contact the person who requested the order. (b) The notice of an application for a protective order must state: "An application for a protective order has been filed in the court stated in this notice alleging that you have committed family violence. May 5, 1997. (b) On request by the applicant, the clerk of the court shall issue a separate or additional notice of an application for a protective order. May 5, 1997. APPLICATION. 1160, Sec. New Hampshire Protective Order Laws: Related Resources. 422 (S.B. 872 (S.B. 34, Sec. Sec. The person named in the protective order is required to avoid contact and stay a certain distance away from the person seeking the order for a specified amount of time, sometimes lasting up to a year or more. 129), Sec. Microsoft Edge. 1, eff. (Added to NRS by 2001, 2843) NRS 33.240 Acts that constitute harassment in workplace. If an ex parte hearing is held, it shall be heard by the court as soon as practicable. (a) On the filing of an application, the clerk of the court shall issue a notice of an application for a protective order and deliver the notice as directed by the applicant. A person who wishes to apply for a protective order with respect to the person's spouse and who is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship that is pending in a court must file the application as required by Subchapter D, Chapter 85. 34, Sec. 4.Final Protective Order. An application must state: (1) the name and county of residence of each applicant; (2) the name and county of residence of each individual alleged to have committed family violence; (3) the relationships between the applicants and the individual alleged to have committed family violence; (4) a request for one or more protective orders; and. Amended by Acts 1997, 75th Leg., ch. Protective Order? (a) An application for a protective order that is filed after a previously rendered protective order has expired must include: (1) a copy of the expired protective order attached to the application or, if a copy of the expired protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application; (A) the violation of the expired protective order, if the application alleges that the respondent violated the expired protective order by committing an act prohibited by that order before the order expired; or, (B) the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault; and. 819), Sec. Added by Acts 1997, 75th Leg., ch. SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER. 632 (S.B. Sept. 1, 2003. May 5, 1997. Acts 2013, 83rd Leg., R.S., Ch. Victim protection orders in cases of rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon are granted under 22 O.S. Transmission and receipt of this guide does not constitute an attorney-client relationship. If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include: (1) a copy of the decree dissolving the marriage; or. Sec. Amended by Acts 1997, 75th Leg., ch. 1, eff. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Violating a protective order can have various negative impacts on your life. 82.041. 3, eff. 1, eff. Family Violence Protective Order (section 46b-38c of the Connecticut General Statutes) is an order that is issued at the time of arraignment during a criminal proceeding. Step #1: Interim Protective Order - Obtaining immediate protection when the courts are closed. 116), Sec. 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