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How Long Will My Protective Order Last?

| Jul 7, 2021 | Firm News

By: Danielle Murphy, Paralegal

If you have been a victim of family violence, then chances are you have looked into obtaining a protective order for your safety. However, there are a couple different types of Protective Orders and the length of time in which they are effective varies, depending on the nature of the Order.

The first type of Protective Order is called a ‘Temporary Ex-Parte Protective Order’. This document is useful as a temporary measure of protection while trying to complete a Final Protective Order. This order can be granted without testimony or appearance in court from your abuser and it usually lasts 20 days.

The Second type of Protective Order is called an ‘Emergency Protective Order’. This type of order is usually granted after your abuser has been arrested for an offense that is directly related to the harm being inflicted (I.E., stalking, assault, sexual abuse, etc.). This type of Order does not require a Petition and can sometimes be issued automatically by the Judge or arresting officer. In this way, it is very similar to a Temporary Ex-Parte Protective Order, only it is issued in criminal court and a Petition is not necessary for filing.

The third type of Protective Order is called the ‘Final Protective Order’. This order can also be referred to as a ‘Permanent Protective Order’ and usually lasts about two years but can be extended or renewed by the Judge in special circumstances. Unlike the Temporary Ex-Parte Protective Order and the Emergency Protective Order, your attacker must be served with notice of filing and will be allowed to testify in front of the judge, at which point the judge will determine if the Order is to be granted or not.

If you feel you are in need of Court-Ordered protection from someone, please reach out to an attorney’s office or women’s shelter for assistance in obtaining the right Protective Order for you.