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A Plenary No Contact Order may be good for up to 2 years. To get one, a survivor must talk to a judge at a hearing. The survivor can bring a lawyer or a rape crisis advocate for support. If the abuser is convicted of stalking or sexual assault in a criminal trial , the No Contact Order will be permanent.
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.
Ask your attorney to file in civil court. Request an order with your divorce. Request an order during a criminal trial for abuse. Go to your local circuit court clerk's office and get papers to seek an order of protection for yourself.
Decide the evidence you want to use.Evidence is what you present in court to prove that the Respondent has harmed or may harm you (and/or your child). Evidence can be your testimony, the testimony of witnesses, documents, photos, or objects such as torn clothing or a weapon.
There are no fees for filing for an order of protection or for having the papers served on the abuser by the sheriff. Also, the court clerk cannot charge a fee for filing, amending (changing), vacating (dismissing), certifying, or photocopying petitions or order of protection.
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection . A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
At the conclusion of the case, after hearing all arguments and considering all evidence, the judge may decide to grant the petition and issue a plenary order of protection. This is the final order and is valid for up to 2 years.