Protective Orders


Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in order to remedy suspected destructive activity while the parties gather and present evidence showing that a more permanent remedy is required. Protective orders may sometimes be granted ex parte, that is without the presence of the party being effected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.

Protective orders have a wide range of temporary duration. Typically, they last for one year with extensions possible under certain particular circumstances. Six states allow imposition of protective orders for up to three years, and three other states limit them to just 90 days. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one year sentence and a $1,000 fine, eight states require mandatory jail time for violating a protective order.

Virtually all states require transmission of protective orders to local law enforcement agencies. Twelve states require transmission within 48 hours. A few states have set up state-wide registries or information systems that keep track of protective orders that are presently in effect. Utilization of technology, such as the internet, and wide area networks, permit easy access to statewide registries. In Iowa, for example, it is required to get certified copies of protective orders into the hands of law enforcement agencies within six hours of issuance.

ALABAMA

Code Section
30-5-1, et al seq.

Activity Addressed by Order
Enjoining contacts of abuse; harassing communication; excluding party from dwelling, school or place of employment; regarding minors: award temporary custody and establish visitations as well as temporary support; enjoin defendant from interfering; direct law enforcement to accompany plaintiff to residences to protect from abuse

Duration
Up to 1 year, can be amended at any time upon verified petition by either party

Penalty for a Violation of Order
Willful violation: Class A misdemeanor, fine not to exceed $2,000 and/or jail up to 1 year; 2nd conviction: 30 days unsuspended jail sentence, and 1/3 incarceration costs and fine; 3rd or subsequent: 120 days unsuspended jail sentence and 1/3 incarceration costs and fine; 2nd conviction: in addition to permissible fine, minimum of 48 hours continuous imprisonment which may not be suspended; 3rd or subsequent conviction: minimum sentence of 30 days imprisonment, can’t be suspended.

Who May Apply for Order
An adult for themselves or another person prevented by physical or mental incapacities or on behalf of minor children

Fees Waived
If petitioner can show they have inadequate funds

Transmission to Law Enforcement
If petitioner can show they have inadequate funds

Civil Liability
Civil contempt

ALASKA

Code Section
repealed 18.66.100-18.66.180

Activity Addressed by Order
Enjoining contacts of domestic violence, communication or entering a propelled vehicle occupied by or possessed by party; excluding party from dwelling, award temporary custody; prohibit respondent from using or possessing weapons; request peace officer accompany petitioner; award custody; prohibit respondent from consuming controlled substances; pay costs

Duration
Until further order of court for threats and acts of domestic violence 6 months for other acts

Penalty for a Violation of Order
Possible misdemeanor, up to 1 year in jail, up to $5,000 fine

Who May Apply for Order
Adult or minor through guardian ad litem or attorney

Fees Waived
On the basis of indigency. No filing fees

Transmission to Law Enforcement
Copy of order transmitted to appropriate local law enforcement agency

Civil Liability
N/A

ARIZONA

Code Section
13-3602

Activity Addressed by Order
Enjoined from committing acts of domestic violence; excluded from dwelling, place of employment, school; participation in domestic violence counseling; prohibition from possession of a firearm

Duration
1 year; a modified order expires 1 yr. after service and the initial order and petition

Penalty for a Violation of Order
Arrest and prosecution for the crime of interfering with judicial proceeding and any other crime committed in disobeying the order

Who May Apply for Order
Person or other if person is either temporarily or permanently unable to request an order; if minor, legal guardian

Fees Waived
May be waived under any rule, statute or other law applicable to civil actions; no requirements of community service as a condition of fee waiver.

Transmission to Law Enforcement
Within 24 hours after acceptance of service or affidavit has been returned; copies sent to sheriff’s office in the county in which plaintiff resides

Civil Liability
Civil contempt

ARKANSAS

Code Section
9-15-201, et. al seq.

Activity Addressed by Order
Exclude from dwelling, place of business or employment, school; award temporary support and custody; establish visitation; enforce costs; prevent direct or indirect contact

Duration
Minimum 90 days, maximum 2yrs.; may be renewed. Temporary order: maximum 30 days

Penalty for a Violation of Order
Class A misdemeanor: maximum penalty 1 year imprisonment in county jail or maximum fine of $1,000 or both

Who May Apply for Order
Family or household member or on behalf of a family or household member who is a minor or adjudicated incompetent

Fees Waived
Yes

Transmission to Law Enforcement
Copy issued to law enforcement officer with jurisdiction to accompany petitioner in possession of dwelling or otherwise assist in service of order

Civil Liability
Civil contempt

CALIFORNIA

Code Section
Family Code 6240, et seq.; 6320, et seq.; Penal 273.6

Activity Addressed by Order
Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof

Duration
Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order

Penalty for a Violation of Order
1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment

Who May Apply for Order
Spouse, cohabitant, fiancé/fiancée, parent of one’s child, blood relations.

Fees Waived
N/A

Transmission to Law Enforcement
By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry

Civil Liability
N/A

COLORADO

Code Section
14-4-101, et seq.; 18-6-803.5

Activity Addressed by Order
Enjoin contact; exclude party from dwelling or dwelling of another; regarding minor child: temporary custody; Emergency order: restrain from threatening, molesting, injuring, or contacting another or minor children of either; excluding from dwelling, if minor child, temporary custody

Duration
Emergency: maximum close of business on 3rd day following issue, unless continued

Penalty for a Violation of Order
Class 2 misdemeanor unless prior conviction under § or other restraining order: Class 1 misdemeanor

Who May Apply for Order
N/A

Fees Waived
No

Transmission to Law Enforcement
Law enforcement agency with jurisdiction to enforce the order

Civil Liability
Contempt of court

CONNECTICUT

Code Section
46b-15, et seq.

Activity Addressed by Order
Regarding minor children: temporary custody, visitation; enjoin contact; exclude from dwelling of family or of applicant; threatening, harassing assaulting, molesting sexual assault

Duration
6 months unless extended

Penalty for a Violation of Order
Criminal trespass: in 1st degree, for entering or remaining in dwelling. Maximum penalty up to 1 year in jail or up to $2,000 or both

Who May Apply for Order
Family or household member subjected to a continuous threat of physical pain or injury; person in a dating relationship who is subjected to continuous threat of physical injury

Fees Waived
N/A

Transmission to Law Enforcement
Yes; immediately; appropriate law enforcement agency within 48 hours of issuance if employed in another town

Civil Liability
Contempt of court

DELAWARE

Code Section
Tit. 10 § 1041, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minor children: temporary custody, visitations, support; prohibit use/possession of firearms or disposal of property; award monetary compensation to petitioner; counseling; restrain from committing acts of domestic violence

Duration
Ex parte order: maximum 30 days. General order: maximum 1 year unless extended

Penalty for a Violation of Order
Class A misdemeanor and imprisonment or fine or both

Who May Apply for Order
Member of a protected class on behalf of self and their minor child or an infirm adult

Fees Waived
N/A

Transmission to Law Enforcement
Order entered into Delaware Justice Information system on or before the next business day; copy sent to Delaware law enforcement agency where petitioner resides and/or where abuse received

Civil Liability
Contempt

DISTRICT OF COLUMBIA

Code Section
16-1001, et seq.

Activity Addressed by Order
Enjoin contact; order counseling; exclude from dwelling and possession of other personal property; regarding minor children: temporary custody, visitations award court costs and attorney fees to petitioner

Duration
Temporary protective order: maximum 14 days. General protective order: maximum 1 year unless extended

Penalty for a Violation of Order
Misdemeanor: fine, maximum $1,000 and/or imprisonment: maximum 180 days

Who May Apply for Order
Any person or agency

Fees Waived
N/A

Transmission to Law Enforcement
Metropolitan police department

Civil Liability
Contempt

FLORIDA

Code Section
741.30 & 31

Activity Addressed by Order
Exclude from dwelling; enjoin contact; regarding minor children: grant temporary custody visitations, temporary support; counseling; restrain from committing any acts of domestic violence

Duration
Ex parte temporary: maximum 15 days. General protective order: maximum 1 year, can reapply but maximum an additional year each time

Penalty for a Violation of Order
Misdemeanor in 1st degree

Who May Apply for Order
Any family or household member who is a victim of domestic violence or one who has reasonable cause to believe he or she is about to become victim

Fees Waived
Yes

Transmission to Law Enforcement
Within 24 hours of issuance

Civil Liability
Civil contempt

GEORGIA

Code Section
19-13-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody, visitations, support and attorney’s fees, counseling; provide suitable alternate housing for petitioner and minor children; provide for possession of personal property

Duration
Maximum 6 months; temporary order may be converted to permanent order

Penalty for a Violation of Order
Misdemeanor

Who May Apply for Order
Person who isn’t a minor on behalf of self or a minor

Fees Waived
N/A

Transmission to Law Enforcement
Sheriff of the county where order was entered

Civil Liability
Contempt

HAWAII

Code Section
586-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling and petitioner’s work; regarding minor children: grant temporary visitation, counseling

Duration
Temporary restraining order: maximum 90 days; protective order: maximum 3 years

Penalty for a Violation of Order
Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine

Who May Apply for Order
Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member

Fees Waived
N/A

Transmission to Law Enforcement
Within 24 hours to county police department

Civil Liability
N/A

IDAHO

Code Section
39-6301, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody; pay court cost’s and attorney’s fees; counseling

Duration
Maximum 3 months unless renewed, maximum 1 year. Ex parte temporary protective order: maximum 14 days, can be reissued

Penalty for a Violation of Order
Misdemeanor: maximum 1 year jail and fine, maximum $5,000

Who May Apply for Order
Family or household member, even if person has left dwelling to avoid abuse. Custodial or noncustodial parent or guardian may file for minor.

Fees Waived
Yes, court may order respondent to reimburse petitioner court fees

Transmission to Law Enforcement
On or before next judicial day

Civil Liability
N/A

ILLINOIS

Code Section
Ch. 750 §60/201, et seq.

Activity Addressed by Order
Prohibition of abuse, neglect, or exploitation; exclude from dwelling, counseling; regarding minor children: grant temporary custody, visitations, support; possession of personal property; prohibition from firearm possession; prohibition of access to records

Duration
Emergency: minimum 14 to maximum 21 days. Interim: 30 days. Plenary: maximum 2 years. All orders can be extended.

Penalty for a Violation of Order
If knowing violation: class A misdemeanor. If violating order concerning minors: Class 4 felony. If willful violation: contempt of court; may include jail, restitution, fines, attorney’s fees and costs, or community service. Court encouraged to follow these guidelines: 1st violation: minimum 24 hours jail; 2nd or subsequent violation: minimum 48 hours jail

Who May Apply for Order
A person who has been abused by a family or household member, or by any person on behalf of minor child or adult who cannot file due to age, health, disability, or inaccessibility

Fees Waived
Yes; no fees for filing petitions or certifying orders.

Transmission to Law Enforcement
Certified copy filed with sheriff or other law enforcement official same day order is issued

Civil Liability
Contempt of court

INDIANA

Code Section
34-26-5-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minor children: support, custody, maintenance, counseling; refrain from disturbing peace of petitioner; refrain from damaging petitioner’s property; order possession of property; pay attorney fees

Duration
Emergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional year

Penalty for a Violation of Order
Confinement in jail, prison, and/or fine

Who May Apply for Order
Person or member of the petitioner’s household

Fees Waived
Yes, but may collect from party against whom the order is sought if court finds issue meritorious

Transmission to Law Enforcement
Transmit by the end of the same business day a copy to each law enforcement agency designated by petitioner. Some orders must be entered into Indiana Data and Communication System (IDACS)

Civil Liability
N/A

IOWA

Code Section
236.1, et seq.

Activity Addressed by Order
Counseling; enjoin contact; exclude from dwelling, school, or work; regarding minor children: temporary custody, visitations, support, maintenance

Duration
Maximum 1 year. Emergency: maximum 72 hours; may then seek temporary order.

Penalty for a Violation of Order
Simple misdemeanor, contempt: required jail sentence; if no contact order: county jail minimum 7 days, a fine may be imposed, attorney’s fees, court costs

Who May Apply for Order
Person seeking relief from domestic abuse on behalf of self or unemanicpated minor

Fees Waived
Yes

Transmission to Law Enforcement
Certified copy to county sheriff within 6 hours of filing of the order

Civil Liability
Contempt

KANSAS

Code Section
60-3101, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; provide suitable alternate housing; attorney fees

Duration
Emergency: until 5PM on first day that court resumes business. Support order: maximum 1 year, may be extended for 1 year maximum. General: maximum 1 year, may be extended for 1 year maximum

Penalty for a Violation of Order
Violation of enjoining contact: assault or battery; violation of exclusion from dwelling: criminal trespass

Who May Apply for Order
A person or minor child through a parent or adult residing with the child; cannot apply more than twice a year except in the case of abuse of a minor.

Fees Waived
Yes

Transmission to Law Enforcement
Copy to police department of petitioner’s residential city or to sheriff of the petitioner’s residential county if no residential city

Civil Liability
Contempt of court

KENTUCKY

Code Section
403.715 to .785 (domestic violence) 209.01 to .16 (Kentucky Adult Protective Act)

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling; restrain from disposing of or damaging property

Duration
Emergency: maximum 14 days, may be extended for 14 days. General: maximum 3 years, may be reissued for a year period, with unlimited reissues

Penalty for a Violation of Order
Contempt of court: if intentional violation, Class A misdemeanor

Who May Apply for Order
Family member or unmarried couple member who is a resident or has fled to this state to escape domestic violation and abuse

Fees Waived
Yes

Transmission to Law Enforcement
Copy to appropriate law enforcement agency within 24 hours; copy to appropriate agency for entry of domestic violation records into Law Information Network of Kentucky

Civil Liability
Contempt of court

LOUISIANA

Code Section
46:2131 to 2142

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, work; regarding minors: temporary custody, counseling; awarding use of property

Duration
Maximum 6 months, may be extended

Penalty for a Violation of Order
Contempt of court: imprisonment maximum 6 months and/or fine, maximum $500

Who May Apply for Order
Any parent; adult household member, parent or district attorney on behalf of minor or incompetent

Fees Waived
Paid by perpetrator

Transmission to Law Enforcement
Copy of Uniform Abuse Protection Order to chief law enforcement official of parish where protected persons reside, by end of next business day after filing; Louisiana Protective Order Registry no later than next business day.

Civil Liability
Contempt of court

MAINE

Code Section
15 §321, 19A§4001 et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, or work; support regarding minors: temporary custody, visitations; counseling, court costs and attorney’s fee; prohibition from possession of a firearm; order termination of a life insurance policy

Duration
Temporary: remains in effect pending service of final order. General: maximum 2 years, may be extended

Penalty for a Violation of Order
Class D crime; if violation of order of support: contempt

Who May Apply for Order
Any abused family or household member; if minor, person responsible for the child or representative of Department of Human Services

Fees Waived
Yes, may be waived

Transmission to Law Enforcement
For temporary emergency or interim relief; copy to law enforcement agency as soon as possible. General: copy to law enforcement agency most likely to enforce order

Civil Liability
N/A

MARYLAND

Code Section
Family Law §4-501, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, work, or school; regarding minors: temporary custody, counseling, visitations, maintenance

Duration
Temporary: 7 days, may be extended, maximum 30 days. General: maximum 12 mos.

Penalty for a Violation of Order
Contempt, criminal prosecution, imprisonment, or fine. If violate certain clauses: misdemeanor; first offense: up to $1,000 fine or 90 days jail or both; 2nd or subsequent: up to $2,500 fine or 1 yr. in prison or both

Who May Apply for Order
A household member or minor or vulnerable adult; state’s attorney, department of social services, law enforcement officer, blood, marriage or adoptive relative, or adult household member

Fees Waived
May be waived

Transmission to Law Enforcement
Copy to appropriate law enforcement agency

Civil Liability
N/A

MASSACHUSETTS

Code Section
209A §1, et seq.; 208 §34C

Activity Addressed by Order
Enjoin contact; exclude from dwelling (maximum 1 year, may be extended); regarding minors: temporary custody, support; suspend firearms license, monetary compensation, court may recommend batterer’s treatment program; alcohol limitations

Duration
Maximum 1 year, may be extended

Penalty for a Violation of Order
Fine: maximum $5,000 and/or jail, maximum 2.5 years and order appropriate treatment

Who May Apply for Order
A person suffering from abuse from an adult or minor family or household member.

Fees Waived
Yes

Transmission to Law Enforcement
Copy to appropriate law enforcement agency

Civil Liability
Yes, civil contempt

MICHIGAN

Code Section
600.2950 personal protection order & 2950a

Activity Addressed by Order
Enjoin contact; exclude from premise, work; regarding minors: exclude from minor children, enjoin possession of firearms; deny access to information

Duration
Minimum 182 days unless modified

Penalty for a Violation of Order
Civil or criminal contempt: jail, maximum 93 days and fined maximum $500

Who May Apply for Order
Household member, spouse/ex-spouse, parent of one’s child, dating relationship.

Fees Waived
N/A

Transmission to Law Enforcement
Copy entered into law enforcement information network by law enforcement agency designated by court in order

Civil Liability
Yes, for false statements made in court

MINNESOTA

Code Section
518B.01

Activity Addressed by Order
Enjoin contact; exclude from dwelling, work; regarding minors: temporary custody, visitation, support; counseling; restitution; continue payment of joint insurance coverage; issue property limitations.

Duration
General: maximum 1 year, may be extended. Ex parte order: maximum 1 year

Penalty for a Violation of Order
Misdemeanor: minimum 3 days jail and counseling. Gross misdemeanor if convicted under certain laws, within 5 years: minimum 10 days and counseling; court may order $10,000 bond or 5 yrs. imprisonment, or both if repeat violation likely or if possessing a dangerous weapon

Who May Apply for Order
Any family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minor’s own behalf if court determines minor has sufficient maturity

Fees Waived
Yes; respondent may be directed to pay them

Transmission to Law Enforcement
Copy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicant

Civil Liability
Yes, contempt of court

MISSISSIPPI

Code Section
93-21-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support; restitution for monetary losses suffered as a result of abuse.

Duration
Temporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extended

Penalty for a Violation of Order
Contempt of court: maximum 6 months jail and/or fine, maximum $1,000

Who May Apply for Order
Any parent, adult household member, or next friend on behalf of minors or incompetent

Fees Waived
Yes, if court finds that abuse has been committed, abuser may be assessed fines.

Transmission to Law Enforcement
N/A

Civil Liability
Yes, contempt of court

MISSOURI

Code Section
455.01, et seq.

Activity Addressed by Order
Temporarily enjoin contact; temporarily exclude from dwelling; regarding minors: temporary custody, visitation, support, counseling; court costs

Duration
Full order: min. 180 days to 1 yr., may be renewed for same amount of time

Penalty for a Violation of Order
Class A misdemeanor unless convicted of same within 5 years: Class D felony

Who May Apply for Order
Any adult who has been subject to abuse by present or former family or household member, or who has been the victim of stalking

Fees Waived
Yes, court costs assessment determined by the court

Transmission to Law Enforcement
Copy to local law enforcement agency in jurisdiction where petitioner resides; copy for entry into Missouri uniform law enforcement system

Civil Liability
No

MONTANA

Code Section
40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property

Duration
Temporary: maximum 20 days; during dissolution: maximum 1 year, may be modified

Penalty for a Violation of Order
Fine: maximum $500 and/or jail maximum 6 months. If 2nd conviction: fine, minimum $200 and maximum $500 and/or jail, minimum 24 hours and maximum 6 months. If 3rd or subsequent offense: fine, minimum $500 and maximum $2,000 and jail, minimum 10 days and maximum 2 years

Who May Apply for Order
Victim or regarding minors: parent, guardian ad litem or other representative

Fees Waived
May be if inability-topay-filingfees order form submitted

Transmission to Law Enforcement
Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency

Civil Liability
N/A

NEBRASKA

Code Section
42-901, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custody

Duration
Maximum: 1 year unless modified

Penalty for a Violation of Order
Class II misdemeanor if knowingly violated; Class I misdemeanor if violator has prior conviction for violating order; Class IV felony if violator has prior conviction for violating same order

Who May Apply for Order
Any victim of domestic abuse

Fees Waived
Yes, in good faith

Transmission to Law Enforcement
Copy to local police department, local law enforcement agent and local sheriff’s office

Civil Liability
N/A

NEVADA

Code Section
33.017, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, or employment; regarding minors: temporary custody, visitations

Duration
Temporary order: maximum 30 days or until hearing. Extended order: 1 year

Penalty for a Violation of Order
Misdemeanor or maximum penalty prescribed by law. If violation by violent physical act: fine $1,000 or community service 200 hours; jail, minimum 5 days, maximum 6 months; attorney and medical costs; counseling

Who May Apply for Order
Spouse, former spouse, blood or marital relative, parent of one’s child, dating relation, minor

Fees Waived
Court assesses against respondent at final disposition and can reduce or waive them

Transmission to Law Enforcement
Copy by end of next business day to appropriate law enforcement agency with jurisdiction over residence, school, child care facility, or place of employment

Civil Liability
Yes, contempt of court

NEW HAMPSHIRE

Code Section
173B, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporary custody, visitations, support; counseling; court costs and attorney fees, relinquishment of weapons and firearms

Duration
Maximum: 1 year, may be extended

Penalty for a Violation of Order
Willful violation: contempt of court; knowingly violation: Class A misdemeanor; subsequent violations will result in enhanced penalties

Who May Apply for Order
Any person; a minor petitioner need not be accompanied by a parent or guardian

Fees Waived
Yes

Transmission to Law Enforcement
Copy to department of safety and local law enforcement agency having jurisdiction to enforce the order

Civil Liability
Yes, contempt of court

NEW JERSEY

Code Section
2C: 25-17, et seq., 2c:29-9

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation, support, custody, counseling: prohibit from possession of a firearm; reimburse petitioner’s related expenses

Duration
N/A

Penalty for a Violation of Order
Contempt: crime in 4th degree. If 2nd or subsequent domestic violation contempt offense: jail minimum 30 days

Who May Apply for Order
Any person claiming to be a victim of domestic violence

Fees Waived
N/A

Transmission to Law Enforcement
Copy to appropriate chiefs of police, members of state police, and other law enforcement agencies

Civil Liability
Yes, contempt of court

NEW MEXICO

Code Section
40-13-2, et seq., 31-19-1

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: visitation, support

Duration
Emergency: 72 hrs.; maximum: 6 months, may be extended for 6 months

Penalty for a Violation of Order
Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hours

Who May Apply for Order
Any victim of domestic abuse

Fees Waived
Yes

Transmission to Law Enforcement
Copy to local law enforcement agency

Civil Liability
Yes, contempt of court

NEW YORK

Code Section
Jud. Ct. Acts §§655, 656

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation; counseling; reimburse reasonable expenses

Duration
Temporary order: 4 calendar days

Penalty for a Violation of Order
Contempt

Who May Apply for Order
Any person

Fees Waived
N/A

Transmission to Law Enforcement
Copy to sheriff’s office or police department in county or city in which petitioner resides

Civil Liability
Yes, contempt of court

NORTH CAROLINA

Code Section
50B-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; prohibit purchase of a firearm; court costs and attorney fees

Duration
1 year; may be renewed for an additional year

Penalty for a Violation of Order
Class A1 misdemeanor

Who May Apply for Order
Any aggrieved party; a minor may be represented by a person who resides with or has custody

Fees Waived
Yes

Transmission to Law Enforcement
Copy to police department of city of victim’s residence or sheriff of county police department where victim resides

Civil Liability
Yes, contempt of court

NORTH DAKOTA

Code Section
14-07.1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; surrender of firearm; court costs and attorney fees; awarding use of personal property

Duration
Temporary: maximum 30 days

Penalty for a Violation of Order
Class A misdemeanor and contempt of court. If 2nd or subsequent: Class C felony

Who May Apply for Order
Any family or household member or any other person where court finds relationship is sufficient to warrant issuance of domestic violation protective order

Fees Waived
Yes

Transmission to Law Enforcement
Copy transmitted by close of business to local law enforcement agency with jurisdiction over victim’s residence

Civil Liability
Yes, contempt of court

OHIO

Code Section
3113.31

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporarily allocate parental rights, visitations, support, counseling

Duration
Maximum 5 years, may be renewed; or upon court action for divorce

Penalty for a Violation of Order
1st degree misdemeanor

Who May Apply for Order
Person, parent or adult household member on behalf of other family or household member

Fees Waived
Yes

Transmission to Law Enforcement
Copy to all law enforcement agencies with jurisdiction

Civil Liability
Yes, contempt of court

OKLAHOMA

Code Section
Tit. 22 §60.1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, counseling; court costs and attorney fees

Duration
Temporary: until close of business on next day after order is issued. General: 3 yrs. max until modified or extended

Penalty for a Violation of Order
Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: misdemeanor: jail minimum 10 days, maximum 1 year and/or fine minimum $1,000 and maximum $5,000. If causes physical injury or impairment: misdemeanor: jail minimum 20 days, maximum 1 year and/or fine maximum $5,000. If minor child convicted: counseling and community service hours

Who May Apply for Order
Victim or any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor who is 16 or 17

Fees Waived
Yes, filing fee; court will assess fees against defendant at hearing. If petition for order was frivolous then fees may be assessed to plaintiff.

Transmission to Law Enforcement
Within 24 hours of return of service, court will send copies to all appropriate law enforcement agencies designated by petitioner

Civil Liability
N/A

OREGON

Code Section
107.700, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, counseling, support

Duration
Temporary: 1 year restraining order, effective until expires or terminated by court

Penalty for a Violation of Order
Contempt

Who May Apply for Order
Any person who has been the victim of abuse within preceding 180 days

Fees Waived
Yes

Transmission to Law Enforcement
Copy to county sheriff, and entered into Law Enforcement Data System

Civil Liability
Yes, contempt of court

PENNSYLVANIA

Code Section
Domestic Relations 23 §6102, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school, employment, or defendant provide suitable alternate housing; regarding minors: temporary custody, visitations, support; relinquish weapons; pay reasonable losses suffered as a result of abuse

Duration
emergency: expires at end of next business day; General: maximum 18 mos., may be extended indefinitely

Penalty for a Violation of Order
Indirect criminal contempt: jail maximum 6 months and/or fine minimum $100 and maximum $1,000

Who May Apply for Order
Adult or emancipated minor or any parent, adult household member, or guardian ad litem on behalf of minor or incompetent

Fees Waived
Yes, if petitioner prevails; if not, court decides whether petitioner able to pay

Transmission to Law Enforcement
Petitioner may register order without cost or fee in any county or a copy may be sent to the Pennsylvania State Police registry. Copy to police department with proper jurisdiction and copy to county registry of protection order

Civil Liability
Yes, civil contempt

RHODE ISLAND

Code Section
15-15-1, et seq., 12-29-5

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support

Duration
Support payments: maximum 90 days. General: maximum 3 years, may be extended. Temporary: maximum 21 days, maybe extended

Penalty for a Violation of Order
Contempt of court. If defendant has actual notice of protective order: misdemeanor: jail maximum 1 year and/or fine maximum $1,000 and counseling

Who May Apply for Order
Any victim of domestic abuse

Fees Waived
Yes

Transmission to Law Enforcement
Copy forwarded immediately to law enforcement agency designated by petitioner

Civil Liability
Yes, contempt of court

SOUTH CAROLINA

Code Section
20-4-10, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, employment or school; regarding minors: temporary custody, visitations, support; court costs and attorney fees

Duration
Minimum 6 months, maximum 1 year, may be extended. Regarding minor protective order: maximum 60 days or until divorce or support or maintenance hearing

Penalty for a Violation of Order
If 1st offense: jail 30 days or fine maximum $200. If contempt of court: jail maximum 1 year and/or fine maximum $1,500

Who May Apply for Order
Any household member on behalf of self or minor household members

Fees Waived
Yes

Transmission to Law Enforcement
Copy to local law enforcement agencies with jurisdiction over area where petitioner resides

Civil Liability
Yes, contempt of court

SOUTH DAKOTA

Code Section
25-10-1, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling

Duration
Protective order: maximum 3 years. Temporary: 30 days

Penalty for a Violation of Order
If knows of order: Class 1 misdemeanor. If assault occurs: Class 6 felony

Who May Apply for Order
Any family or household member

Fees Waived
Yes, if affidavit filed

Transmission to Law Enforcement
Copy to local law enforcement agency having jurisdiction over area where petitioner resides within 24 hours

Civil Liability
Yes, contempt of court

TENNESSEE

Code Section
36-3-601, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling or provide suitable alternate housing; regarding minors: temporary custody, visitations, support; counseling

Duration
Protective order effective for 1 year, or court of divorce action modifies or dissolves it

Penalty for a Violation of Order
Civil or criminal contempt: civil penalty of $50

Who May Apply for Order
Victim of abuse by present or former adult family or household member, if filed by a minor then a parent or guardian signature needed

Fees Waived
Determined at hearing

Transmission to Law Enforcement
Copy to local law enforcement agency with jurisdiction over area where petitioner resides

Civil Liability
Yes, contempt of court

TEXAS

Code Section
Family 71.01, et seq. Repealed; now Family 71.001 et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, employment, school; regarding minors: enjoin contact, temporary custody, support; counseling; reasonable court costs and attorney fees; suspension of firearm license

Duration
Temporary: maximum 20 days, may be extended; General: maximum 2 yrs.

Penalty for a Violation of Order
Fine, maximum $4,000 and/or jail, maximum 1 year. If family violence occurs, can be prosecuted for a misdemeanor or felony, carry jail minimum 2 years. Temporary: maximum $500 fine or maximum 6 months jail, or both

Who May Apply for Order
Adult member of family; prosecuting attorney; department of protective and regulatory services

Fees Waived
Yes; fees paid by respondent

Transmission to Law Enforcement
Copy to chief of police where protected resides and to department of public safety

Civil Liability
Yes, contempt of court

UTAH

Code Section
30-6-1, et seq.; 76-5-108

Activity Addressed by Order
Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearm

Duration
Ex parte: Maximum 20 days unless modified. Civil provisions: 150 days

Penalty for a Violation of Order
Class A misdemeanor

Who May Apply for Order
Any cohabitant or child residing with a cohabitant, or a cohabitant, department, or person or institution may apply for a minor

Fees Waived
Yes

Transmission to Law Enforcement
Copy by end of next business day to local law enforcement agencies designated by petitioner and copy to statewide domestic violations network

Civil Liability
Yes, contempt of court

VERMONT

Code Section
Tit. 15 §1101, et seq.

Activity Addressed by Order
Enjoin contact; exclude from residence or other locations; regarding minors: temporary custody, support (maximum 3 months)

Duration
A fixed period at the expiration of which time the court may extend order

Penalty for a Violation of Order
Criminal contempt: jail maximum 6 months and/or fine maximum $1,000

Who May Apply for Order
Any family or household member on behalf of self or their children

Fees Waived
Yes

Transmission to Law Enforcement
Copy to department of public safety relief from abuse database

Civil Liability
N/A

VIRGINIA

Code Section
16.1-253, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling or provide alternative housing; regarding minors: visitations; use of motor vehicle

Duration
Emergency: 72 hrs. after issuance

Penalty for a Violation of Order
Contempt of court and Class 1 misdemeanor; no suspension of term

Who May Apply for Order
Any person or the court.

Fees Waived
Yes

Transmission to Law Enforcement
Copy to local police department or sheriff’s office

Civil Liability
Yes, contempt of court

WASHINGTON

Code Section
26.50.01, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, employment, school and day care; regarding minors: temporary custody; counseling; electronic monitoring; court costs and attorney fees

Duration
Restraining order to protect minors: maximum 1 year, may be extended. Ex parte temporary order: maximum 14 or 24 days, may be reissued

Penalty for a Violation of Order
Gross misdemeanor: contempt of court. If assault less than 1st or 2nd degree occurs: Class C felony. If reckless or substantial risk of death or serious injury: Class C felony. If at least 2 prior protective order violations: Class C felony

Who May Apply for Order
Any person on behalf of self, or minor family or household member. Department of Social and Health Services may seek on behalf of and with consent of any vulnerable adult.

Fees Waived
Yes

Transmission to Law Enforcement
Entered into statewide judicial information system within one judicial day; copy on or before next judicial day to appropriate law enforcement agency

Civil Liability
Yes, contempt of court

WEST VIRGINIA

Code Section
48-27-101, et seq.

Activity Addressed by Order
Enjoin contact; exclude from dwelling, employment; counseling; regarding minors: temporary custody, visitations, support; prohibition from possession of a firearm; reimburse for reasonable expenses

Duration
Final protective order: 90-180 days; may be extended

Penalty for a Violation of Order
Misdemeanor: jail minimum 1 day and maximum 1 year and fine, minimum $250 and maximum $2,000

Who May Apply for Order
Person or adult family or household member on behalf of minor or incapacitated

Fees Waived
Yes

Transmission to Law Enforcement
Copy within 24 hours to any law enforcement agency having jurisdiction including city police, county sheriff’s office or local office of the West Virginia State Police

Civil Liability
Yes, civil contempt

WISCONSIN

Code Section
813.12; 813.122

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: reasonable visitation; surrender of firearms, unless respondent is a peace officer

Duration
Injunction: maximum 4 years or until child victim is 18 years, whichever is first

Penalty for a Violation of Order
If knowingly violates, jail maximum 9 months and/or fine maximum $1,000

Who May Apply for Order
Any person, or parent, stepparent or guardian of child victim

Fees Waived
N/A

Transmission to Law Enforcement
Copy to law enforcement agency with jurisdiction within 24 hrs.; made available to other agencies through a verification system

Civil Liability
N/A

WYOMING

Code Section
35-21-101, et seq.; 6-4-404

Activity Addressed by Order
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling, (maximum 90 days)

Duration
Protective order: maximum 3 months, may be extended for additional 3 month periods

Penalty for a Violation of Order
If willful violation: misdemeanor: jail maximum 6 mos. and/or $750 fine

Who May Apply for Order
Any victim of domestic abuse

Fees Waived
Yes

Transmission to Law Enforcement
Copy to county sheriff who notifies local law enforcement agency in petitioner’s county

Civil Liability
Yes