Domestic Violence Protective Orders in Family Court

A protective order can provide urgent legal protection for someone experiencing domestic violence, but understanding the process — and its intersection with any related custody or divorce case — is essential for using it effectively.

Types of Protective Orders

A temporary or emergency protective order can typically be obtained quickly, often the same day, based on the petitioner's sworn statement alone, providing immediate protection until a full hearing can be held.

A final protective order, issued after both parties have had the opportunity to present evidence at a hearing, can last for a longer, defined period and sometimes can be renewed.

What a Protective Order Can Include

Orders can prohibit contact or require the respondent to stay a certain distance away, remove them from a shared residence, and, when children are involved, address temporary custody and parenting time.

Violating a protective order is typically a separate criminal offense, independent of whatever underlying conduct led to the order being issued in the first place.

How This Intersects With Divorce and Custody Cases

A protective order can significantly affect a pending or future custody case, since courts generally must consider domestic violence as a factor in determining a child's best interests.

Coordinating between a protective order case and a related divorce or custody case is important, since the timing and evidence in one can directly affect the other.

Frequently Asked Questions

Do I need a lawyer to get a protective order?

It's possible to request one without a lawyer, but legal representation can help ensure the order is properly drafted and that related custody issues are addressed correctly.

Can a protective order be reversed once issued?

It's possible to petition to have it dismissed or modified, but this generally requires a court hearing and, in some cases, the other party's agreement.

If you are experiencing domestic violence, your safety is the first priority. An attorney can help you obtain a protective order and coordinate it with any related family law matters.