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To get a Domestic Relationship PPO, you must prove that there is reasonable cause to believe that the abuser might physically hurt you, threaten you, stalk you, or do something else that interferes with your personal liberty or safety. Reasonable cause is a lower level of proof than what is required in a criminal case.
Hear this out loud PauseAn Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.
You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
To get a domestic relationship PPO, you must show the judge that the abuser is likely to assault, threaten, harass, or stalk you. You must also show that you and the abuser have a domestic relationship. You have a domestic relationship with the abuser if they are: Your current or ex-spouse.
You can get a PPO to protect you from someone age 10 or older who is threatening, hurting, stalking, or harassing you. However, parents can't get a PPO to protect them from their child under 18, and children under 18 can't get a PPO to protect them from a parent.
Hear this out loud PauseYou risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process. Using a civil standby makes you vulnerable to more misdemeanor criminal charges.
Hear this out loud PauseA domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
Hear this out loud PauseConsult an attorney. Asking the court to change or terminate an order it has issued to protect a victim of domestic violence isn't a simple or easy thing. Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made.