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Getting a Restraining order, AKA an Emergency Order of Protection

An Emergency Order of Protection or an emergency restraining order, means that you can go to court and receive a restraining order or an order of protection–today. To get an emergency order of protection, you must be able to convey to the court why it is an emergency. Your emergency petition (what you hand the court), should be a detailed account of the facts, incidents, and harm. It should be so complete that the judge doesn’t have to ask any questions. In order to get an emergency restraining order or emergency order of protection, there must be evidence that the person who abused you would harm you or prevent you from going to court if she knew you were getting one. Put simply, notice is not required in this emergency situation.

In an Emergency Restraining Order, or an Emergency Order of Protection, you can ask for the following:

  • Prohibit Abuse–includes physical abuse, harassment, stalking, and interference with personal liberty, intimidation of a dependent or willful deprivation
  • Grant of exclusive possession of the residence to you!
  • Stay away order
  • Physical care and possession of the minor child given to you!
  • Order the person who is abusing you to appear in court alone or with the minor child
  • Protect property–prohibit transferring, damaging or concealing property
  • Prohibit entry in residence by the person abusing you while under the influence
  • Prohibit access to records related to child
  • Other injunctive relief–such as no unlawful contact or no contact of any kind

An emergency restraining order or Emergency Order of Protection is good for up to 21 days. Because the person who abused will not be in court when you receive your emergency restraining order or Emergency Order of Protection, you must give two specific addresses where this person can be located by the Sheriff and given (served) a copy of the order and other paperwork.