FAQ: How do I get a Protective Order?

By Michelle Finch

Protective orders differ by state, but generally you will have to file documentation with the court that shows that you have a valid need for a protection order.

The court will often look at these requests and determine if an order can be entered on a temporary basis. If the court finds a basis to grant this order temporarily, the order is in effect for a short period of time, often a few weeks. These types of orders require a strict procedure be followed.

Often, in the temporary order another hearing date will be scheduled. At this hearing each side can present their case and the court will determine if the protection order can remain in effect for a longer period of time. These arguments are often emotional and difficult, so having an attorney who understands this process and who can take you step by step in dealing with these difficult issues can be the difference between receiving a protection order and not receiving one.

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