When a law enforcement officer believes that there is a danger of domestic violence, child abuse, abduction or elder abuse, the officer will contact a judge to request that an emergency protective order be issued. This usually happens after law enforcement has been called to a person’s home due to a disturbance.
This type of protective order is only temporary, and only gives protection for a few days. The protected person must come to the court to file an application for a permanent restraining order before the Emergency Protective Order expires to remain protected.
To apply for a protective order you must complete the following forms and file them with the court:
For assistance you may contact the Domestic Violence Assistance Program office or to have your completed documents reviewed visit our Self Help Center.
Elder Abuse Protective Order hearings are held at 9:00 a.m. each day. Before
your case can be heard by the judge you must give the other person at least
four hours notice of your intent to request a protective order against them.
If you do not give notice, you are required to explain to the judge in your
written declaration why you did not do so and the judge will determine if
you will need to be scheduled for another date to allow for notice to the
other side.
There is no cost for filing forms in an elder/dependent adult abuse case.
You will get your order on the same day you come to court if your papers are completed correctly and submitted to the Clerks Office before 4:30 p.m. If you want a person to assist you through the process you should be at the Family Law Court before 8:30 a.m. and go to the Domestic Violence Assistance Office on the 6th Floor of the Lamoreaux Justice Center.
You can ask the Sheriff in the county where the restrained person lives and works to serve the papers for you.
You should come to the court hearing and tell the courtroom clerk or the judge that you were unable to get the papers served. Your will get a new hearing date and new paperwork that will extend your restraining orders and continue to protect you until the new date. You will need to serve this new form,
Request and Order for Reissuance of Temporary Restraining Order (EA-125), along with the original paperwork you received.
Elder/Dependent Adult Abuse Restraining Orders can last as long as 3 years.
A protected person can ask the court to renew a restraining order,
either for another three years or permanently, whether or not there has been
any more violence or threats of violence. If there is a need for renewal,
you should apply before the original order runs out. To do this complete form,
Request
to Renew Restraining Order (EA-125).
You can ask someone you know to give the papers to the restrained person. The person who serves the papers must be over 18 years old and cannot be one of the parties protected by the order.
If you want the chance to tell your side of the story in court, you may
wish to seek legal advice. You may prepare and file a
Response
to Request for Orders to Stop Elder or Dependent Adult Abuse (form EA-110)
and go to court on the date set for your hearing.
If the court grants the restraining order against you, the consequences
can be severe:
- You will not be able to go to certain places or to do certain things.
- You might have to move out of your home.
- You will generally not be able to own or purchase a gun.
- If you violate the court orders, you may go to jail.
As the protected person you should always have a certified copy of the restraining order with you. If the restrained person violates the order by committing or threatening violence, you should call a local law enforcement agency. Once the police officer or sheriff’s deputy reads the order to see if it has been violated, he or she will decide what action to take. The restrained person may be arrested and criminal charges may be filed.
Only a judge can change or cancel a restraining before its time limit has passed. If you wish to make this request, you will need to complete the proper forms, file them with the court and obtain a hearing date to see the judge.
