NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
To get a protective order, the victim and accused abuser must have one of the following connections: (1) Current or former spouses; (2) Living together or have lived together in an intimate relationship for at least 90 days during the past year; (3) Related by blood, marriage, or adoption; (4) Parent and child, or stepparent and stepchild, of one another and have lived together for at least 90 days during the past year; (5) Have a child in common; (6) In addition, the caretaker of a child or vulnerable adult victim can file on behalf of the child or vulnerable adult; (7) An individual who has had a sexual relationship with the abuser during the past year; (8) a victim who alleges that the abuser committed rape, attempted rape, or sexual offense during the past 6 months.
An interim or temporary protective order can require that the alleged abuser:
(1) Not abuse or threaten to abuse the victim; (2) Not contact, try to contact, or harass the victim; (3) Stay away from home, school, job, or temporary residence of the victim; (4) Stay away from a child’s school, and from the homes of the victim’s family members; (5) Not enter the residence, and the grounds around the residence, of the victim; (6) Leave the residence of the victim if the victim and accused abuser live together; (7) Not have contact or visitation with any children of the victim and the accused; (8) Not keep possession of a pet.
In addition to the restrictions above, a temporary protective order can require the alleged abuser to: 1) Surrender any firearms the accused abuser has, depending on what abuse was claimed.
Yes, an alleged abuser can consent to a final protective order without a finding of abuse.
