32. Protective Orders
Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in order to remedy suspected destructive activity while the parties gather and present evidence showing that a more permanent remedy is required. Protective orders may sometimes be granted ex parte, that is without the presence of the party being effected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.
Protective orders have a wide range of temporary duration. Typically, they last for one year with extensions possible under certain particular circumstances. Nine states allow imposition of protective orders for up to three years, and New Mexico limits them to just 6 months. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one year sentence and a $1,000 fine, three states require mandatory jail time for violating a protective order.
32. Protective Orders
Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in order to remedy suspected destructive activity while the parties gather and present evidence showing that a more permanent remedy is required. Protective orders may sometimes be granted ex parte, that is without the presence of the party being effected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.
Protective orders have a wide range of temporary duration. Typically, they last for one year with extensions possible under certain particular circumstances. Nine states allow imposition of protective orders for up to three years, and New Mexico limits them to just 6 months. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one year sentence and a $1,000 fine, three states require mandatory jail time for violating a protective order.
Virtually all states require transmission of protective orders to local law enforcement agencies. Ten states require transmission within 24 hours. A few states have set up state-wide registries or information systems that keep track of protective orders that are presently in effect. Utilization of technology, such as the internet, and wide area networks, permit easy access to statewide registries. In Iowa, for example, it is required to get certified copies of protective orders into the hands of law enforcement agencies within six hours of issuance.
| Table 32: Protective Orders |
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| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| ALABAMA |
| 30-5-1, et al seq. | Enjoining contacts of abuse; harassing communication; excluding party from dwelling, school or place of employment; regarding minors: award temporary custody and establish visitations as well as temporary support; enjoin defendant from interfering; direct law enforcement to accompany plaintiff to residences to protect from abuse | Up to 1 year, can be amended at any time upon verified petition by either party | Willful violation: Class A misdemeanor, fine not to exceed $2,000 and/or jail up to 1 year; 2nd conviction: 30 days unsuspended jail sentence, and 1/3 incarceration costs and fine; 3rd or subsequent: 120 days unsuspended jail sentence and 1/3 incarceration costs and fine; 2nd conviction: in addition to permissible fine, minimum of 48 hours continuous imprisonment which may not be suspended; 3rd or subsequent conviction: minimum sentence of 30 days imprisonment, can’t be suspended | An adult for themselves or another person prevented by physical or mental incapacities or on behalf of minor children | No court costs shall be assessed for filing, issuance, registration, or service of a protective order or petition order or for a witness subpoena under this chapter. Costs may be assessed against the defendant at the discretion of the court §30-5-5(f) | Copy issued to law enforcement officials with jurisdiction to enforce the order or agreement | Civil contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| ALASKA |
| repealed 18.66.100-18.66.180 | Enjoining contacts of domestic violence, communication or entering a propelled vehicle occupied by or possessed by party; excluding party from dwelling, award temporary custody; prohibit respondent from using or possessing weapons; request peace officer accompany petitioner; award custody; prohibit respondent from consuming controlled substances; pay costs | Until further order of court for threats and acts of domestic violence 6 months for other acts | Possible misdemeanor, up to 1 year in jail, up to $5,000 fine | Adult or minor through guardian ad litem or attorney | On the basis of indigency. No filing fees | Copy of order transmitted to appropriate local law enforcement agency | |
| ARIZONA |
| 13-3602 | Enjoined from committing acts of domestic violence; excluded from dwelling, place of employment, school; participation in domestic violence counseling; prohibition from possession of a firearm | 1 year; a modified order expires 1 yr. after service and the initial order and petition | Arrest and prosecution for the crime of interfering with judicial proceeding and any other crime committed in disobeying the order | Person or other if person is either temporarily or permanently unable to request an order; if minor, legal guardian | A fee shall not be charged for filing a petition under this section or for service of process §13-3602(D) | Within 24 hours after acceptance of service or affidavit has been returned; copies sent to sheriff’s office in the county in which plaintiff resides | Civil contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| ARKANSAS |
| 9-15-201, et. al seq. | Exclude from dwelling, place of business or employment, school; award temporary support and custody; establish visitation; enforce costs; prevent direct or indirect contact | Minimum 90 days, maximum 2yrs.; may be renewed. Temporary order: maximum 30 days | Class A misdemeanor: maximum penalty 1 year imprisonment in county jail or maximum fine of $1,000 or both | Family or household member or on behalf of a family or household member who is a minor or adjudicated incompetent, or an employee or volunteer of a domestic violence shelter or program on behalf of a minor, including a married minor—§9-15-201(d) | Yes | Copy issued to law enforcement officer with jurisdiction to accompany petitioner in possession of dwelling or otherwise assist in service of order | Civil contempt |
| CALIFORNIA |
| Family Code 6240, et seq.; 6320, et seq.; Penal 273.6 | Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof | Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order | 1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment | Spouse, cohabitant, fiancé/ fiancée, parent of one’s child, blood relations. | | By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry | |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| COLORADO |
| 14-4-101, et seq.; 18-6-803.5 | Enjoin contact; exclude party from dwelling or dwelling of another; regarding minor child: temporary custody; Emergency order: restrain from threatening, molesting, injuring, or contacting another or minor children of either; excluding from dwelling, if minor child, temporary custody | Emergency: maximum close of business on 3rd day following issue, unless continued | Class 2 misdemeanor unless prior conviction under § or other restraining order: Class 1 misdemeanor | | No | Law enforcement agency with jurisdiction to enforce the order | Contempt of court |
| CONNECTICUT |
| 46b-15, et seq. | Regarding minor children: temporary custody, visitation; enjoin contact; exclude from dwelling of family or of applicant; threatening, harassing assaulting, molesting sexual assault | 6 months unless extended | Criminal trespass: in 1st degree, for entering or remaining in dwelling. Maximum penalty up to 1 year in jail or up to $2,000 or both | Family or household member subjected to a continuous threat of physical pain or injury; person in a dating relationship who is subjected to continuous threat of physical injury | The cost of such service shall be paid for by the judicial branch—§46b-15(e) | Yes; immediately; appropriate law enforcement agency within 48 hours of issuance if employed in another town | Contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| DELAWARE |
| Tit. 10 § 1041, et seq. | Enjoin contact; exclude from dwelling; regarding minor children: temporary custody, visitations, support; prohibit use/ possession of firearms or disposal of property; award monetary compensation to petitioner; counseling; restrain from committing acts of domestic violence | Ex parte order: maximum 30 days. General order: maximum 1 year unless extended | Class A misdemeanor and imprisonment or fine or both | Member of a protected class on behalf of self and their minor child or an infirm adult | | Order entered into Delaware Justice Information system on or before the next business day; copy sent to Delaware law enforcement agency where petitioner resides and/or where abuse received | Contempt |
| DISTRICT OF COLUMBIA |
| 16-1001, et seq. | Enjoin contact; order counseling; exclude from dwelling and possession of other personal property; regarding minor children: temporary custody, visitations award court costs and attorney fees to petitioner | Temporary protective order: maximum 14 days. General protective order: maximum 1 year unless extended | Misdemeanor: fine, maximum $1,000 and/ or imprisonment: maximum 180 days | Any person or agency | | Metropolitan police department | Contempt |
| FLORIDA |
| 741.30 & 31 | Exclude from dwelling; enjoin contact; regarding minor children: grant temporary custody visitations, temporary support; counseling; restrain from committing any acts of domestic violence | Ex parte temporary: maximum 15 days. General protective order: maximum 1 year, can reapply but maximum an additional year each time | Misdemeanor in 1st degree | Any family or household member who is a victim of domestic violence or one who has reasonable cause to believe he or she is about to become victim | Yes | Within 24 hours of issuance | Civil contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| GEORGIA |
| 19-13-1,et seq . | Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody, visitations, support and attorney’s fees, counseling; provide suitable alternate housing for petitioner and minor children; provide for possession of personal property | Temporary order may be converted to permanent order or to an order effective for not more than 3 yrs.—any order granted under this code shall remain in effect for up to one year §19-3-4(c) | Misdemeanor | Person who isn’t a minor on behalf of self or a minor | | Sheriff of the county where order was entered | Contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| HAWAII |
| 586-1, et seq. | Enjoin contact; exclude from dwelling and petitioner’s work; regarding minor children: grant temporary visitation, counseling | Temporary restraining order: maximum 90 days; protective order: maximum 3 years | Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine | Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member | | Within 24 hours to county police department | |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| IDAHO |
| 39-6301, et seq. | Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody; pay court cost’s and attorney’s fees; counseling | Maximum 3 months unless renewed, maximum 1 year. Ex parte temporary protective order: maximum 14 days, can be reissued | Misdemeanor: maximum 1 year jail and fine, maximum $5,000 | Family or household member, even if person has left dwelling to avoid abuse. Custodial or noncustodial parent or guardian may file for minor. | Yes, court may order respondent to reimburse petitioner court fees | On or before next judicial day | |
| ILLINOIS |
| Ch. 750 §60/201, et seq. | Prohibition of abuse, neglect, or exploitation; exclude from dwelling, counseling; regarding minor children: grant temporary custody, visitations, support; possession of personal property; prohibition from firearm possession; prohibition of access to records | Emergency: minimum 14 to maximum 21 days. Interim: 30 days. Plenary: maximum 2 years. All orders can be extended. | If knowing violation: class A misdemeanor. If violating order concerning minors: Class 4 felony. If willful violation: contempt of court; may include jail, restitution, fines, attorney’s fees and costs, or community service. Court encouraged to follow these guidelines: 1st violation: minimum 24 hours jail; 2nd or subsequent violation: minimum 48 hours jail | A person who has been abused by a family or household member, or by any person on behalf of minor child or adult who cannot file due to age, health, disability, or inaccessibility | Yes; no fees for filing petitions or certifying orders. | Certified copy filed with sheriff or other law enforcement official same day order is issued | Contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| INDIANA |
| 34-26-5-1, et seq. | Enjoin contact; exclude from dwelling; regarding minor children: support, custody, maintenance, counseling; refrain from disturbing peace of petitioner; refrain from damaging petitioner’s property; order possession of property; pay attorney fees; prohibition from firearm possession | Emergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional year | Confinement in jail, prison, and/or fine | Person or member of the petitioner’s household | Yes, but may collect from party against whom the order is sought if court finds issue meritorious | Transmit by the end of the same business day a copy to each law enforcement agency designated by petitioner. Some orders must be entered into Indiana Data and Communication System (IDACS) | |
| IOWA |
| 236.1,et seq . | Counseling; enjoin contact; exclude from dwelling, school, or work; regarding minor children: temporary custody, visitations, support, maintenance | Maximum 1 year. Emergency: maximum 72 hours; may then seek temporary order. | | Person seeking relief from domestic abuse on behalf of self or unemanicpated minor | Yes | Certified copy to county sheriff within 6 hours of filing of the order | Contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| KANSAS |
| 60-3101, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; provide suitable alternate housing; attorney fees | Emergency: until 5PM on first day that court resumes business. Support order: maximum 1 year, may be extended for 1 year maximum. General: maximum 1 year, may be extended for 1 year maximum | Violation of enjoining contact: assault or domestic battery; violation of exclusion from dwelling: criminal trespass. Violation of a protective order is a class A person misdemeanor | A person or minor child through a parent or adult residing with the child; cannot apply more than twice a year except in the case of abuse of a minor. | Yes | Copy to police department of petitioner’s residential city or to sheriff of the petitioner’s residential county if no residential city | Contempt of court |
| KENTUCKY |
| 403.715 to .785 (domestic violence) 209.01 to .16 (Kentucky Adult Protective Act) | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling; restrain from disposing of or damaging property | Emergency: maximum 14 days, may be extended for 14 days. General: maximum 3 years, may be reissued for a year period, with unlimited reissues | Contempt of court: if intentional violation, Class A misdemeanor | Family member or unmarried couple member who is a resident or has fled to this state to escape domestic violation and abuse | Yes | Copy to appropriate law enforcement agency within 24 hours; copy to appropriate agency for entry of domestic violation records into Law Information Network of Kentucky | Contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| LOUISIANA |
| 46:2131 to 2142 | Enjoin contact; exclude from dwelling, school, work; regarding minors: temporary custody, counseling; awarding use of property | Maximum 18 months, may be extended | Contempt of court: imprisonment maximum 6 months and/or fine, maximum $500 | Any parent; adult household member, parent or district attorney on behalf of minor or incompetent | Paid by perpetrator | Copy of Uniform Abuse Protection Order to chief law enforcement official of parish where protected persons reside, by end of next business day after filing; Louisiana Protective Order Registry no later than next business day. | Contempt of court |
| MAINE |
| 15 §321, 19A§4001 et seq. | Enjoin contact; exclude from dwelling, school, or work; support regarding minors: temporary custody, visitations; counseling, court costs and attorney’s fee; prohibition from possession of a firearm; order termination of a life insurance policy; care and custody of any animal in household | Temporary: remains in effect pending service of final order. General: maximum 2 years, may be extended | Class D crime; if violation of order of support: contempt of minor or of animal | Any abused family or household member; if minor, person responsible for the child or representative of Department of Human Services | Yes, may be waived | For temporary emergency or interim relief; copy to law enforcement agency as soon as possible. General: copy to law enforcement agency most likely to enforce order | |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| MARYLAND |
| Family Law §4-501, et seq. | Enjoin contact; exclude from dwelling, work, or school; regarding minors: temporary custody, counseling, visitations, maintenance | Temporary: 7 days, may be extended, maximum 30 days. General: maximum 12 mos. | Contempt, criminal prosecution, imprisonment, or fine. If violate certain clauses: misdemeanor; first offense: up to $1,000 fine or 90 days jail or both; 2nd or subsequent: up to $2,500 fine or 1 yr. in prison or both | A household member or minor or vulnerable adult; state’s attorney, department of social services, law enforcement officer, blood, marriage or adoptive relative, or adult household member | May be waived | Copy to appropriate law enforcement agency | |
| MASSACHUSETTS |
| 209A §1, et seq.; 208 §34C | Enjoin contact; exclude from dwelling (maximum 1 year, may be extended); regarding minors: temporary custody, support; suspend firearms license, monetary compensation, court may recommend batterer’s treatment program; alcohol limitations | Maximum 1 year, may be extended | Fine: maximum $5,000 and/or jail, maximum 2.5 years and order appropriate treatment; additional $25 fine for deposit into General Fund; if retaliation: at least $1,000 not more than $10,000 and at least 60 days imprisonment | A person suffering from abuse from an adult or minor family or household member. | Yes | Copy to appropriate law enforcement agency | Yes, civil contempt |
| MICHIGAN |
| 600.2950 personal protection order & 2950a | Enjoin contact; exclude from premise, work; regarding minors: exclude from minor children, enjoin possession of firearms; deny access to information | Minimum 182 days unless modified | Civil or criminal contempt: jail, maximum 93 days and fined maximum $500 | Household member, spouse/ex-spouse, parent of one’s child, dating relationship. | | Copy entered into law enforcement information network by law enforcement agency designated by court in order | Yes, for false statements made in court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| MINNESOTA |
| 518B.01 | Enjoin contact; exclude from dwelling, work; regarding minors: temporary custody, visitation, support; counseling; restitution; continue payment of joint insurance coverage; issue property limitations. | General: maximum 1 year, may be extended. Ex parte order: maximum 1 year | Misdemeanor: minimum 3 days jail and counseling. Gross misdemeanor if convicted under certain laws, within 10 years: minimum 10 days and counseling; court may order $10,000 fine or 5 yrs. imprisonment, or both if repeat violation likely or if possessing a dangerous weapon | Any family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minor’s own behalf if court determines minor has sufficient maturity | Yes; respondent may be directed to pay them | Copy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicant | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| MISSISSIPPI |
| 93-21-1, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support; restitution for monetary losses suffered as a result of abuse. | Temporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extended | Misdemeanor: maximum 6 months jail and/or fine, maximum $1,000; or contempt of court | Any parent, adult household member, or next friend on behalf of minors or incompetent | Yes, if court finds that abuse has been committed, abuser may be assessed fines. | | Yes, contempt of court |
| MISSOURI |
| 455.01, et seq. | Temporarily enjoin contact; temporarily exclude from dwelling; regarding minors: temporary custody, visitation, support, counseling; court costs | Full order: min. 180 days to 1 yr., may be renewed for same amount of time | Class A misdemeanor unless convicted of same within 5 years: Class D felony | Any adult who has been subject to abuse by present or former family or household member, or who has been the victim of stalking | Yes, court costs assessment determined by the court | Copy to local law enforcement agency in jurisdiction where petitioner resides; copy for entry into Missouri uniform law enforcement system | No |
| MONTANA |
| 40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626 | Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property | Temporary: maximum 20 days; during dissolution: maximum 1 year, may be modified | Fine: maximum $500 and/or jail maximum 6 months. If 2nd conviction: fine, minimum $200 and maximum $500 and/or jail, minimum 24 hours and maximum 6 months. If 3rd or subsequent offense: fine, minimum $500 and maximum $2,000 and jail, minimum 10 days and maximum 2 years | Victim or regarding minors: parent, guardian ad litem or other representative | May be if inability- topay-filing-fees order form submitted | Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency | |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| NEBRASKA |
| 42-901, et seq. | Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custody | Maximum: 1 year unless modified | Class II misdemeanor if knowingly violated; Class I misdemeanor if violator has prior conviction for violating order; Class IV felony if violator has prior conviction for violating same order | Any victim of domestic abuse | Yes, in good faith | Copy to local police department, local law enforcement agent and local sheriff’s office | |
| NEVADA |
| 33.017, et seq. | Enjoin contact; exclude from dwelling, school, or employment; regarding minors: temporary custody, visitations; assignment of income for support | Temporary order: maximum 30 days or until hearing. Extended order: 1 year | Misdemeanor or maximum penalty prescribed by law | Spouse, former spouse, blood or marital relative, parent of one’s child, dating relation, minor | Court assesses against respondent at final disposition and can reduce or waive them | Copy by end of next business day to appropriate law enforcement agency with jurisdiction over residence, school, child care facility, or place of employment | Yes, contempt of court |
| NEW HAMPSHIRE |
| 173B,et seq . | Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporary custody, visitations, support; counseling; court costs and attorney fees, relinquishment of weapons and firearms | Maximum: 1 year, may be extended up to 5 years for each extension | Willful violation: contempt of court; knowingly violation: Class A misdemeanor; subsequent violations will result in enhanced penalties | Any person; a minor petitioner need not be accompanied by a parent or guardian | Yes | Copy to department of safety and local law enforcement agency having jurisdiction to enforce the order | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| NEW JERSEY |
| 2C: 25-17, et seq., 2c:29-9 | Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation, support, custody, counseling: prohibit from possession of a firearm; reimburse petitioner’s related expenses | | Contempt: crime in 4th degree. If 2nd or subsequent domestic violation contempt offense: jail minimum 30 days | Any person claiming to be a victim of domestic violence | | Copy to appropriate chiefs of police, members of state police, and other law enforcement agencies | Yes, contempt of court |
| NEW MEXICO |
| 40-13-2, et seq., 31-19-1 | Enjoin contact; exclude from dwelling; regarding minors: visitation, support | Emergency: 72 hrs.; maximum: 6 months, may be extended for 6 months | Misdemeanor: jail maximum 1 year and/ or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hours | Any victim of domestic abuse | Yes | Copy to local law enforcement agency | Yes, contempt of court |
| NEW YORK |
| N.Y. Jud. Law §§654, 655 | Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation; counseling; reimburse reasonable expenses; refrain from harming companion animal; prohibition against firearms §842-a | Not to exceed 2 yrs. or 5 yrs. if aggravated or previous violation §842 | Jail up to 6 months; forfeiture of bail §846-a | Any person in relation to the respondent of spouse, or former spouse, parent, child, or member of the same family or household; authorized entity; peace officer; police officer; court §822 | | Copy to sheriff’s office or police department in county or city in which petitioner resides | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| NORTH CAROLINA |
| 50B-1, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; prohibit possession of a firearm; court costs and attorney fees | 1 year; may be renewed for an additional two years | Class A1 misdemeanor; violation concurrent with felonious conduct: charged with higher felony; 4th subsequent: Class H felony | Any aggrieved party; a minor may be represented by a person who resides with or has custody | Yes | Copy to police department of city of victim’s residence or sheriff of county police department where victim resides and to minor’s school | Yes, contempt of court |
| NORTH DAKOTA |
| 14-07.1, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; surrender of firearm; court costs and attorney fees; awarding use of personal property | Temporary: maximum 30 days | Class A misdemeanor and contempt of court. If 2nd or subsequent: Class C felony | Any family or household member or any other person where court finds relationship is sufficient to warrant issuance of domestic violation protective order | Yes | Copy transmitted by close of business to local law enforcement agency with jurisdiction over victim’s residence | Yes, contempt of court |
| OHIO |
| 3113.31 | Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporarily allocate parental rights, visitations, support, counseling | Maximum 5 years, may be renewed; or upon court action for divorce | 1st degree misdemeanor; violation with certain other crimes: 5th degree felony; violation concurrent with another felony: 3rd degree felony | Person, parent or adult household member on behalf of other family or household member | Yes | Copy to all law enforcement agencies with jurisdiction | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| OKLAHOMA |
| Tit. 22 §60.1, et seq. | Any terms & conditions the court believes reasonably necessary to cease abuse, stalking, harassment; counseling | Temporary: until close of business on next day after order is issued. General: 3 yrs. max until modified or extended | Misdemeanor: jail maximum 1 year and/ or fine maximum $1,000. If causes physical injury or impairment: misdemeanor: jail minimum 20 days, maximum 1 year and/ or fine maximum $5,000. If minor child convicted: counseling and community service hours. If 2nd or subsequent: felony: minimum 1 year, maximum 3 years and/ or fine minimum $2,000 and maximum $10,000. 2nd or subsequent with injury: felony: minimum 1 year, maximum 5 years and/ or fine minimum $3,000 and maximum $10,000 | Victim or any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor who is 16 or 17 | Yes, filing fee; court will assess fees against defendant at hearing. If petition for order was frivolous then fees may be assessed to plaintiff. | Within 24 hours of return of service, court will send copies to all appropriate law enforcement agencies designated by petitioner | |
| OREGON |
| 107.700, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, counseling, support | Temporary: 1 year restraining order, effective until expires or terminated by court | Contempt: fine greater of $500 or 1% annual income and/or jail maximum 6 months | Any person who has been the victim of abuse within preceding 180 days | Yes | Copy to county sheriff, and entered into Law Enforcement Data System | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| PENNSYLVANIA |
| Domestic Relations 23 §6102, et seq. | Enjoin contact; exclude from dwelling, school, employment, or defendant provide suitable alternate housing; regarding minors: temporary custody, visitations, support; relinquish weapons; pay reasonable losses suffered as a result of abuse | emergency: expires at end of next business day;General: maximum 3 years, may be extended indefinitely | Indirect criminal contempt: fine: minimum $300 maximum $1,000 and maximum 6 months jail or probation | Adult or emancipated minor or any parent, adult household member, or guardian ad litem on behalf of minor or incompetent | Fees & costs assessed to defendant when order granted | Petitioner may register order without cost or fee in any county or a copy may be sent to the Pennsylvania State Police registry. Copy to police department with proper jurisdiction and copy to county registry of protection order | Yes, civil contempt |
| RHODE ISLAND |
| 15-15-1, et seq., 12-29-5 | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support; prohibition against firearms | Support payments: maximum 90 days. General: maximum 3 years, may be extended. Temporary: maximum 21 days, may be extended | Contempt of court. If defendant has actual notice of protective order: misdemeanor: jail maximum 1 year and/or fine maximum $1,000 and counseling | Any victim of domestic abuse | Yes | Copy forwarded immediately to law enforcement agency designated by petitioner | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| SOUTH CAROLINA |
| 20-4-10, et seq. | Enjoin contact; exclude from dwelling, employment or school; regarding minors: temporary custody, visitations, support; court costs and attorney fees | Minimum 6 months, maximum 1 year, may be extended. | Jail 30 days or fine maximum $200. If contempt of court: jail maximum 1 year and/ or fine maximum $1,500 | Any household member on behalf of self or minor household members | Yes | Copy to local law enforcement agencies with jurisdiction over area where petitioner resides | Yes, contempt of court |
| SOUTH DAKOTA |
| 25-10-1, et seq. | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling | Protective order: maximum 3 years. Temporary: 30 days | If knows of order: Class 1 misdemeanor. If assault occurs or 3rd violation in 5 years: Class 6 felony | Any family or household member | Yes, if affidavit filed | Copy to local law enforcement agency having jurisdiction over area where petitioner resides within 24 hours | Yes, contempt of court |
| TENNESSEE |
| 36-3-601, et seq. | Enjoin contact; exclude from dwelling or provide suitable alternate housing; regarding minors: temporary custody, visitations, support; counseling | Protective order effective for 1 year, or court of divorce action modifies or dissolves it | Civil or criminal contempt: civil penalty of $50; extension of order up to 5 yrs.; 2nd or subsequent: extension up to 10 yrs. | If filed by a minor then a parent or guardian signature needed or nonprofit caseworker if not against parent or guardian | Determined at hearing | Copy to local law enforcement agency with jurisdiction over area where petitioner resides | Yes, contempt of court |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| TEXAS |
| Family 71.01, et seq. Repealed; now Family 71.001 et seq. | Enjoin contact; exclude from dwelling, employment, school; regarding minors: enjoin contact, temporary custody, support; counseling; reasonable court costs and attorney fees; prohibition against firearms | Temporary: maximum 20 days, may be extended; General: maximum 2 yrs. | Fine, maximum $4,000 and/or jail, maximum 1 year. If family violence occurs, can be prosecuted for a misdemeanor or felony, carry jail minimum 2 years. Temporary: maximum $500 fine or maximum 6 months jail, or both | Adult member of family or dating relationship; prosecuting attorney; department of protective and regulatory services; any adult to protect a child | Yes; fees paid by respondent | Copy to chief of police where protected resides and to department of public safety and to school | Yes, contempt of court |
| UTAH |
| 30-6-1, et seq.; 76-5-108 | Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearm | Ex parte: Maximum 20 days unless modified. Civil provisions: 150 days | Class A misdemeanor | Any cohabitant | Yes | Copy by end of next business day to local law enforcement agencies designated by petitioner and copy to statewide domestic violations network | Yes, contempt of court |
| VERMONT |
| Tit. 15 §1101, et seq. | Enjoin contact; exclude from residence or other locations; regarding minors: temporary custody, support (maximum 3 months); custody of pet | A fixed period at the expiration of which time the court may extend order | Criminal contempt: jail maximum 6 months and/or fine maximum $1,000 | Any family or household member on behalf of self or their children | Yes | Copy to department of public safety relief from abuse database | |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| VIRGINIA |
| 16.1-253, et seq. | Enjoin contact; exclude from dwelling or provide alternative housing; regarding minors: visitations; use of motor vehicle | Emergency: 72 hrs. after issuance | Contempt of court and Class 1 misdemeanor; no suspension of term. Violation with assault and battery or furtively entering home: Class 6 felony, no suspension and another order maximum 2 yrs. | Any person or the court. | Yes | Copy to local police department or sheriff’s office | Yes, contempt of court |
| WASHINGTON |
| 26.50.01, et seq. | Enjoin contact; exclude from dwelling, employment, school and day care; regarding minors: temporary custody; counseling; electronic monitoring; court costs and attorney fees | Restraining order to protect minors: maximum 1 year, may be extended. Ex parte temporary order: maximum 14 or 24 days, may be reissued | Gross misdemeanor: contempt of court. If assault less than 1st or 2nd degree occurs: Class C felony. If reckless or substantial risk of death or serious injury: Class C felony. If at least 2 prior protective order violations: Class C felony | Any person on behalf of self, or minor family or household member. Department of Social and Health Services may seek on behalf of and with consent of any vulnerable adult. | Yes | Entered into statewide judicial information system within one judicial day; copy on or before next judicial day to appropriate law enforcement agency | Yes, contempt of court |
| WEST VIRGINIA |
| 48-27-101, et seq. | Enjoin contact; exclude from dwelling, employment; counseling; regarding minors: temporary custody, visitations, support; prohibition from possession of a firearm; reimburse for reasonable expenses | Final protective order: 90-180 days; may be extended | Misdemeanor: jail minimum 1 day and maximum 1 year and fine, minimum $250 and maximum $2,000; 2nd or subsequent misdemeanor: jail minimum 3 months, maximum 1 yr. and fine minimum $500, maximum $3,000 | Person or adult family or household member on behalf of minor or incapacitated | Yes | Copy within 24 hours to any law enforcement agency having jurisdiction including city police, county sheriff’s office or local office of the West Virginia State Police | Yes, civil contempt |
| Code Section | Activity Addressed by Order | Duration | Penalty for a Violation of Order | Who May Apply for Order | Fees Waived? | Transmission to Law Enforcement | Civil Liability |
|---|
| WISCONSIN |
| 813.12; 813.122 | Enjoin contact; exclude from dwelling; regarding minors: reasonable visitation; surrender of firearms, unless respondent is a peace officer | Injunction: maximum 4 years or until child victim is 18 years, whichever is first | If knowingly violates, jail maximum 9 months and/or fine maximum $1,000 | Any person adjudicated incompetent | | Copy to law enforcement agency with jurisdiction within 24 hrs.; made available to other agencies through a verification system | |
| WYOMING |
| 35-21-101, et seq.; 6-4-404 | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling, (maximum 90 days) | Protective order: maximum 1 yr.; extensions up to 1 yr. each | If willful violation: misdemeanor: jail maximum 6 mos. and/ or $750 fine | Any victim of domestic abuse | Yes | Copy to county sheriff who notifies local law enforcement agency in petitioner’s county | Yes |
