Temporary Protective Orders in Family Situations

In family law, temporary protective orders typically address domestic violence between certain persons, usually a family member, dating partner, or former dating partner.

Each state has specifics on who can qualify to obtain a temporary court order to restrict contact and communication. For more information on what your state requires, speak to an experienced family law attorney in your area.

What Does a Temporary Protective Order Do?

A temporary protective order is a type of restraining order and is civil in nature. The family court in your area will review the request and, if the request meets specific criteria, will grant a temporary protective order.

These types of protective orders can be called emergency protective orders, temporary restraining orders (TROs), family violence protective orders, or other similar names and are generally ex parte protective orders.

An ex parte protective order means that the family court has not heard both sides; it has only reviewed the information provided by the person who requested the court order. This information is usually provided in an affidavit before a court clerk.

Requesting a Temporary Protective Order

When requesting a protective order, generally, a person can request a few options to be included in the court order:

• That the respondent has no contact with the petitioning party, including any phone contact, email, texts, even messages sent through third parties like relatives or friends, and social media contact
• That the respondent have no violent contact with the petitioning party
• That the respondent be required to vacate a shared residence temporarily

If the temporary protective order was done as an ex parte court order, the family court or district court will set a court hearing date and require both parties to appear.

At that court date, both sides will have the opportunity to address the allegations, and the petitioner can request a permanent restraining order or longer-term domestic violence order/family violence protective order.

If both or either side needs a long time to present their case, the judge may grant a longer final hearing to give both parties adequate time to present evidence. At that final hearing, the family court will either grant a final protective order or dismiss the temporary protective order.

Once a temporary court order is granted, most states have a procedure in place where that court order is uploaded for law enforcement agencies to access. Law enforcement will also serve the respondent with the court order. So, if you know the contact information for the respondent, like their address or work, that will be helpful to list in the request for the order.

What a civil temporary protective order does not do is put criminal charges on someone. While it is not uncommon for a person to have criminal charges pressed by a prosecutor for the same set of facts that lead to a temporary protective order in civil court, especially if there was physical abuse, sexual abuse, or sexual assault allegations, seeking a family violence protective order does not mean that criminal charges must be filed.

Who Can Get a Temporary Protective Order?

In family court, only certain persons can generally ask for a temporary protective order. In most states, these include:

• Close family members such as parent/child, grandchild/grandparent
• Household members such as step-parent/step-child but does NOT include persons who are just roommates
• Persons in a dating relationship or formerly in a dating relationship
• Persons who have a child in common, regardless of whether they were in a dating relationship or not
• Some states also have provisions for persons who have been strangled or stalked to also seek a temporary protective order
• A parent on behalf of their minor child against another family member or household member

If you believe you may need a domestic violence protective order, it is best to also seek legal advice and legal services from an experienced attorney. If you have been served with a temporary protective order, you definitely need experienced legal help. Contact a local, experienced family law attorney in your area.