Is there a person who has harmed or threatened you or your family? You can get the court to help you stop the abuse! Read this information to learn whether you need an Order for Protection, and to learn how to get one.

An Order For Protection (OFP) is a court order that will help to protect you from domestic abuse. An Order For Protection tells the abuser to stop harming or threatening you. Domestic abuse is defined as any of the following conduct between family or household members: physical harm, injury, assault, rape, terrorist threats, or making a person fearful of harm or injury or assault. Examples include hitting, kicking, pushing, punching, slapping, pulling hair, choking, holding you down, threatening to harm or kill you or the children, forcing sex (even if you are married), or any sexual contact with a child.

• Any family or household member may ask the court for an Order For Protection. A family or household member means married or divorced people; parents and their children; persons related by blood (such as brothers, sisters, uncles, aunts, or grandparents); and people who live together or have lived together in the past. People who have never lived together may also ask for an Order For Protection if they have a child together or have been involved in a significant romantic or sexual relationship. You can also apply for an Order For Protection to protect a child in your family or household.
  
  
• Victims of abuse who are at least 16 years old may get an Order For Protection against an abuser they are or were married to or have a child with. Other victims of abuse under 18 years old must have another family or household member or an adult (at least 25 years old) get an Order For Protection for them.
  
  
• If you are worried about a child in someone else's family or household, you may be able to apply for an Order For Protection, but it is usually best to report the abuse to the police or Child Protection Services first.
  
  
• If you are worried about an adult in someone else's family or household being abused, you should call the police or Adult Protection Services.
  
  
• If you do not qualify for an Order For Protection, you may be able to get a Harassment Restraining Order (HRO).

Note: If you are married to the abuser, you do NOT need to start a divorce to be able to apply for an Order For Protection.

No! Whether or not you have a court order, it is against the law for anyone to assault, rape, injure, or threaten you. While a court order doesn't guarantee protection, it does make it easier to protect you. It tells the abuser that further threats or abuse will lead to arrest, criminal charges, and possibly jail or a fine. Orders For Protection make it easier for the police to arrest the abuser. Orders For Protection do work!

1. Go to the courthouse (you may want to call the courthouse first to see if you need an appointment or to get instructions):
   
   1. in the county where you live, or
   2. in the county where the abuser lives, or
   3. in the county where the abuse happened, or
   4. in the county where you and the abuser had other family court cases.
   
   
   
2. Ask the court clerk for "Order For Protection" forms. Fill out the forms. Detailed instructions are available and the court staff or an advocate (a non-lawyer helper) may help you file a Petition (that tells the court what you want) and an Affidavit (that tells the court what happened).
   
   
3. If you need immediate protection because you believe you are in danger, ask for an Emergency (Ex Parte) Order. This is an order signed the same day you apply, before the abuser knows about the action. An Emergency (Ex Parte) Order will give you immediate protection once it is served on the abuser until there is a hearing.
   
   
4. There are no fees for an Order For Protection.
   
   
5. YOU DO NOT HAVE TO HAVE A LAWYER.
   
   
6. In most cases, the court will set a hearing date for no more than 14 days after you apply for an Order For Protection; seven days if you have received an Emergency (Ex Parte) Order For Protection. The law gives you the option of obtaining an Order For Protection without ever having a hearing. See below for more information on this option.
   
   
7. When you go to the courtroom, it is helpful to bring with you:
   
   1. a picture of the abuser, if you have one;
   2. the abuser's home address and work address;
   3. written notes describing the abuse and when it happened; and
   4. any pictures, police reports, or medical reports related to the abuse.

1. Order the abuser not to harm or threaten you or the children.
2. Order the abuser out of or to stay away from the home you live in, even if you have left the home temporarily to seek shelter.
3. Order the abuser to stay away from where you work, or where you go to school.
4. Order the abuser not to contact or call you or the children.
5. Give you temporary custody or temporary visitation for any children you have with the abuser.
6. Order temporary child support for any children you have with the abuser.
7. Order temporary support (alimony) for you if you are married to the abuser.
8. Order counseling, treatment, or other social services for one or both of you.
9. Award you or the abuser the temporary right to keep or use certain items of personal property. The court can order one or both of you not to sell, give away, or damage the property.
10. Order the sheriff to help you get your possessions out of the home or to provide protection when you get your possessions from the home.
11. Order other help needed to protect you or the children.
12. Order the abuser to pay for expenses you had to pay because of the domestic abuse. These may include medical expenses or the cost of replacing or repairing destroyed or damaged property.
13. Order the abuser to continue insurance for you and/or the children.

• If you know where to find the abuser, the Petition and any Emergency (Ex Parte) Order must be personally handed to (served on) the abuser. This is done by the Sheriff. There is no cost to you for the service.
  
  
• What if I don't know where the abuser is, or if the abuser is hiding or can't be found? There are special ways to serve people who can't be found. The court can order service in other ways, such as mailing the papers to an address where the abuser might get mail. The court can also order service by publishing the Petition in a newspaper's legal notice section or in a special legal newspaper. The court clerk or advocate will help you fill out special forms. You should check with the court no later than 14 days after you filed the Order For Protection to find out if the abuser has been served and to find out if you must fill out any special forms.

You must show up at the hearing! If you don't, any Emergency (Ex Parte) Order you have will be dismissed. If the abuser was served with the Petition and Emergency (Ex Parte) Order and does not show up for the court hearing, the judge will review your requests and usually will give you the Order For Protection you have requested. At the hearing, you will tell the judge what happened. You may bring witnesses. You are not required to present evidence other than your own testimony. But, it usually helps to bring police reports or medical records, and any photographs of injuries, as well as witnesses who saw the abuse or your injuries or heard you or the children being abused or threatened. [NOTE: You may not be able to use written reports, affidavits, or statements from persons who are not at the hearing as witnesses.] The abuser also has a chance to tell the court his or her side of the story. The judge may ask questions, and you and the abuser may be allowed to ask each other questions. The judge will usually make a decision right away about whether to issue an Order For Protection.

You may have an advocate with you. You may also have a lawyer, but YOU DO NOT HAVE TO HAVE A LAWYER.

Sometimes the abuser will also file a Petition for an Order For Protection, claiming that you have abused him/her as well. The judge may choose to hear both Petitions at the same time and decide who should get an Order For Protection. If the abuser has not filed a Petition against you, a judge will not issue a "Mutual Order For Protection" (an order against both you and the abuser).

The Order for protection will describe your rights. Read it carefully. The judge may order different things than what you asked for.

The Order For Protection says how long it lasts. Usually the Order For Protection lasts for one year. If you are still threatened, harassed, abused, or afraid before the Order runs out, you can ask the court to extend the Order so it lasts longer.

A copy of the Order For Protection will be sent to the local sheriff's department and to police departments by the court clerk. KEEP A COPY OF THE ORDER WITH YOU AT ALL TIMES.

If the abuser threatens, harasses, or contacts you or the children, or comes to your house or apartment or place of employment, it is a violation of the Order For Protection. If the abuser disobeys the Order, you should call the police or sheriff right away. The police do not need to see the assault or threat, but they do need to see a copy of the Order. The abuser can be put in jail for up to 90 days and be ordered to pay a fine of up to $700.00 for violating the Order For Protection. Even if you invited the abuser into your home, the abuser may still be guilty for violating the Order. Some repeat violations are gross misdemeanors which may result in a sentence of up to one year in jail and/or a $3,000.00 fine. Other violations are felonies which may result in a sentence of imprisonment of up to ten years and/or a fine of $20,000.00.

You can also ask the court to enforce the Order. You must file a form with the court describing what the abuser did that was in violation of the Order. You can also use this form if the abuser doesn't pay child support, doesn't follow the custody or visitation order, or fails to go to counseling. The judge can order the abuser to appear in court for a hearing. Both you and the abuser can testify. If the judge decides that the abuser violated the Order, the abuser can be punished.

The law gives you a choice whether or not to ask for a court hearing. If you don't ask for a hearing, the abuser still has the right to have a hearing, or a judge may order a hearing.

If you don't ask for a hearing, you can only ask the court for four things:

1. Order the abuser not to harm or threaten you or the children and not to call or contact you;
2. order the abuser out of the home;
3. order the abuser to stay away from your work; and
4. order that insurance coverage be continued.

• Contact the court clerk or advocate in the county where you requested your Order and explain that you wish to change, extend, or dismiss your Order For Protection. Most courts require you to complete a form requesting the change and to appear in court again. The abuser may also have to appear in court.
  
  
• It is important to have your Order dismissed by a judge if you and the abuser wish to live together again or have contact.
  
  
• If you wish to extend your Order For Protection, you must contact the court clerk before the Order expires and complete paperwork explaining why you continue to need the Order For Protection. A judge will consider extending your Order if the abuser:
  
  1. violated the order while you had it, or
  2. has been harassing or stalking you, or
  3. you are still in fear of physical harm because of conduct by the abuser.