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Personal Protection Orders
- What is a Personal Protection Order and how does it work? A Personal Protection Order, or PPO, is an order issued by the Judicial Circuit Court. It can protect you from being assaulted, threatened, harassed, or stalked by another person. It is not a magic piece of paper and will not ensure that your abuser will leave you alone, but it will allow officers to respond and arrest them if they do.
- The Protection Order can restrain an abuser from the following:
- -Entering onto the premises where you live or where you are staying.
- -Assaulting, attacking, beating, molesting, or wounding you.
- -Threatening to kill or physically injure you.
- -Removing minor children from you except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
- -Engaging in a stalking behavior, such as approaching you, following you, calling you repeatedly, or sending you mail, email, or text messages.
- -Purchasing or possessing a firearm.
- -Interfering with your efforts to remove your children or personal property from premises that are solely owned or leased by the abuser.
- -Interfering with you at your place of employment or education or engaging in conduct that impairs your employment relationship or your employment or educational environment.
- -Engaging in any other specific act or conduct that imposes upon or interferes with your personal liberty or that causes reasonable apprehension of violence.
- Causing you emotional harm or stress by harming, threatening to harm, or keeping away a pet that you have ownership in.
- The Protection Order cannot: ·
- Order anyone to pay child support or maintenance.
- Give property or belongings to anyone.
- Say where your children should live permanently, or who can live in your home
- The Protection Order covers a range of different relationships, including:
· Husband, wife or partner (present or past).
· Someone you have had a child
· Have or had a dating relationship.
· Have ever resided together.
· Parents and children, including in-laws and step-families.(if you lived in the same residence for at least 3 days) - Where do I get a protection order?
- You can request a Personal Protection Order at the Domestic Violence Coalition.
- The difference between a Personal Protection Order and No Contact Order is:
- ·Protection Order- This is a civil order for victims of domestic violence who have been assaulted, threatened, or harassed and are afraid of being hurt again. The court tells the person who threatened or assaulted you not to harm you again. This order is requested by the victim at the Domestic Violence Coalition. There is no cost for the Protection Order. A PPO usually has a 6 month to One year expiration date. You can request that is be extended if you still feel you are in harm's way.
- ·No Contact Order- This is a Court ordered condition of a criminal case. After the perpetrator has been arrested it will usually be issued as a condition of his/her bond. Filing criminal charges happens after the police have responded to a 911 call, taken a report, and forwarded the papers to the Prosecutor. It is not your responsibility to press charges it is the State’s duty. You do not have to fill out a petition, because it is part of a criminal action and the State’s responsibility to make a complaint. You may be asked by the Prosecutor or Police Officer if you want a No Contact Order. No Contact Orders are requested by the Prosecutor or Advocate when they are concerned about your safety. A No Contact Order stops the abuser from contacting you through phone, letter, or by sending messages through your friends or family. This order also keeps the person from coming around you at all. It is intended to protect you while the criminal case is going on. This order does not have an expiration date, but will go away once the case is over. Sometimes the conditions will carry over to probation or parole.
- How long does it take to get a Protection Order?
- It will take up to 24 hours to get a Personal Protection Order (it may take longer if it is a holiday or on Fridays because of the weekend).
- After you do the initial paperwork for the PPO which usually takes about 45 minutes, the judge has 24 hours to review the paperwork and make a decision. It usually does not take the full 24 hours, but it could take that long.
- If it is approved, you will have to arrange for the respondent to be served with the order before he/she can be held responsible for his/her actions. This could delay it, depending on your ability to have them served.
- How much does it cost? There is no cost for filing for a Personal Protection Order. You will be given the number of extra copies that you need.
- Do I have to give my address?
- No, You can block your respondent from having your address, but you do have to file your address with the clerk when filing the paperwork.
- It will not be on the paperwork the abuser receives.
- You must have an address for the person you are filing against and it cannot be a P.O. Box. We cannot file the PPO if you do not have an address for the person.
- How long does the Protection Order last? A Personal Protection Order can be issued anywhere from 6 months to life depending on the Judges decision.
- Can I change or drop the protection order later? Yes. You can go back to court and ask for the Order to be changed ("modified"), ended ("terminated"), or extended. This usually requires a hearing in front of the Judge. You must show that there has been a change or reason to request these changes.
- Can I extend my Personal Protection Order? You can come to court and petition to extend your Protection Order. It has to be done within 3 days of the PPO’s expiration date; however, this decision will be up to the Judge, and will depend on your circumstances.
- Could my abuser or I be deported if I file for a Protection Order?
- Some people worry that they could be reported to the immigration authorities if the police or courts find out they don't have the right papers. Even if you or your partner are in this country illegally, the Protection Order can still be an important tool to protect you and your children. Your advocate can help you sort out your concerns.
- Typically a ppo is not enough to deport your partner, but if there are charges related to the order there may be cause to deport them.
- As a victim you may be eligible for a U-Visa. Ask our bilingual advocate for more information.
- Notes:
- A PPO is not a magic piece of paper. The first 72 hours after the PPO is served are often the most dangerous for the survivor. The person you are filing against can get angry that you have issued this action against them. It is the beginning of a paper trail for you, though. If the respondent assaults you or threatens you with bodily harm and/or murder, that is against the law and it would also be a violation of the PPO. If the PPO is issued immediately (Ex-Parte) the respondent does have up to 14 days to request to terminate this PPO with a hearing. At that time, you will need to appear and prove to the judge why you need to be protected. Please also note that this is not legal advice. We are not attorneys. If you think you may need legal advice please seek out an attorney.
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