award temporary custody of or establishing temporary visitation rights for your children.grant you possession of the home and order the abuser to leave the residence (and give you the right to return to the residence if you have left) or, by agreement, allow the abuser to provide you with suitable, alternate housing (when the abuser has a duty to support you or your children, and is the sole owner of the residence or household).do all of the things that a temporary order can do ( listed above) and.prohibit any mutually owned or leased property between you and the abuser from being transferred or disposed (given away or destroyed), unless it is in the ordinary course of business.order the abuser not to contact you and/or other household members in person, by phone, email or text and.grant you possession of the home and order the abuser to leave the residence (and give you the right to return to the residence if you have left).order the abuser to stay away from you and/or your household members and from the home, school, and workplace of you and/or other household members.order the abuser to stop abusing you, your children, and any person deemed to be incompetent.If at the end of the 180-day period, neither party has filed a separate petition regarding those issues, the custody, visitation, or support terms will go back to whatever order was in effect regarding those topics when the protective order was granted. For a longer-lasting order addressing those issues, you would have to file separate petitions for custody, visitation, or support. However, if you are given temporary custody, visitation, or child support in a final protective order, those terms are only effective for 180 days. The expiration date will be clearly written on the order.
A final order can last up until such time that the judge believes is appropriate. It offers longer-term legal protection than the temporary order. 1Ī final order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. However, if you do not have minor children together, a temporary protective order can be longer than 30 days, up to a maximum of one year. If you and the abuser have minor children together, a temporary order can only last up to 30 days, maximum.
This usually takes place within ten days after the abuser has been served with the temporary order.
A judge will assume that if you are asking for a temporary order you will also want a permanent order.Ī temporary order generally lasts until the court hearing that you must have in order to receive a permanent order. Temporary orders are granted only if you can prove to the judge through your testimony or petition/affidavit that you need one to prevent immediate harm to you or your family. There are two types of protective orders.Ī temporary order is designed to offer you immediate, emergency protection from the abuser. A protective order is a court order that is designed to stop your abuser from hurting you and your family.
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