Domestic Abuse: Filing an Order for Protection
An Order For Protection (sometimes abbreviated "OFP") may be brought by (1) a family or household member on their own behalf; (2) a family or household member, a guardian, or a reputable adult age 25 or older on behalf of a minor, or (3) by a minor age 16 or older against a spouse, former spouse, or person with whom the minor has a child, if allowed by the court.
Domestic Abuse is defined as:
- Physical harm, bodily injury, assault (such as hitting, kicking, slapping, pushing, stabbing...) or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members (such as verbal threats, threatening gestures); or
- Terroristic threats, such as threats to commit a crime of violence, bomb threats, or brandishing a firearm; or
- Criminal sexual conduct committed against a family or household member by another family or household member; such as forced intercourse or forced sexual contact, or intercourse or any other form of sexual contact with a minor.
Family or Household Members are defined as:
- Spouses;
- Former Spouses;
- Parents and children;
- Persons related by blood;
- Persons who live together or who have lived together in the past;
- Persons who have a child in common, even if they have not been married or lived together;
- Persons who have an unborn child in common;
- Persons involved in a significant romantic or sexual relationship.
NOTE: If you don't meet the above criteria, you may still have a case under the harassment laws.
Ask the court administrator's office for harassment forms. You will receive a "Petitioner's Affidavit and Petition for Order For Protection." Please fill out the form as completely as possible, being as specific as you can.
Please note: No cell phones are allowed inside the courthouse or courts facility buildings.
If you bring your cell phone with you, you will be asked to leave it at the door in a storage area (which is unsecured), or return to your vehicle to leave it there.
Two questions on the form ask about children. If you have never been married to respondent, please indicate if a court has made a finding of paternity. If the court has not made a finding of paternity, the biological mother automatically has sole physical and legal custody of the child(ren). You do not need to ask for custody in these circumstances.
A hearing will not be held unless you or the respondent request it, or unless you ask for additional relief.
You have the right to seek restitution for expenses resulting from the respondent's acts of domestic abuse. These expenses may include medical expenses or cost of replacement or repair of destroyed or damaged property.
If you move, it is important that the law enforcement agency serving the place of your new residence has a copy of the Order For Protection. If you want to make sure that this happens, ask the court administrator for this county to mail a copy of the Order to your new law enforcement agency, or ask the new law enforcement agency to request a copy from this court administrator.
You are advised that you have the right to request a hearing. If you do not request a hearing, the respondent may request a hearing. Notice of the hearing date and time will be provided to you by mail at least five days before the hearing.
A copy of the Order must be served on the respondent. Usually, service is completed by having an employee of the sheriff's department personally deliver a copy of the papers to the respondent. It is important that you check with the Sheriff's Department to make sure that service is completed.
If personal service cannot be completed because the respondent is avoiding service or you do not know where the respondent resides, you may come back to the court administrator's office and ask to have service done by one week published notice. If personal services is not completed and you do not request published notice, the order will end 14 days after the judge signs it.
The court administrator's office is required to provide clerical assistance to help with writing and filing the petition.
NOTE: If a hearing is scheduled and an emergency arises and you are unable to attend it, you must call the court administrator about rescheduling. If you do not appear and do not have a good reason for not appearing, the court may dismiss this domestic abuse petition.
DO NOT SIGN ANY DOCUMENT UNTIL YOU ARE INSTRUCTED TO DO SO.