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
