FAQs about domestic violence

What is a domestic violence protective order?

A domestic violence protective order (DVPO) is a civil court order entered to protect a victim of domestic violence from the Defendant. An individual who is the victim of domestic violence, the victim of threatened domestic violence, or who is stalked or harassed to such a degree as to cause emotional distress, may file a complaint and motion for a domestic violence protective order. You must have had or have a relationship with the person against whom you seek the protective order, such as being family members, current or former dating partners, individuals with a child in common, or spouses. A domestic violence protective order is a civil action (not a criminal action), although a violation of the order by the defendant is a criminal offense.

How can I obtain a domestic violence protective order?

A party seeking a domestic violence protective order may apply for one by filing a complaint and motion for a domestic violence protective order at the courthouse. When the complaint and motion for domestic violence protective order is filed, the plaintiff (the filing party) has an opportunity to seek an ex parte temporary protective order, which may last up to 10 days, until a hearing is set to determine whether the protective order will be extended, typically for up to one year.

What does a domestic violence protective order cover?

In addition to a prohibition by the defendant not to assault, harass or contact the plaintiff and to remain away from the residence and workplace of the plaintiff, the court may grant temporary possession of the residence or vehicles to the plaintiff. In some circumstances, the court may order temporary custody and temporary child support or spousal support.