Protective Orders

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
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 abuseUp to 1 year, can be amended at any time upon verified petition by either partyWillful 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, cant be suspendedAn adult for themselves or another person prevented by physical or mental incapacities or on behalf of minor childrenNo 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 agreementCivil contempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
ALASKA
repealed 18.66.100-18.66.180Enjoining 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 costsUntil further order of court for threats and acts of domestic violence 6 months for other actsPossible misdemeanor, up to 1 year in jail, up to $5,000 fineAdult or minor through guardian ad litem or attorneyOn the basis of indigency. No filing feesCopy of order transmitted to appropriate local law enforcement agency 
ARIZONA
13-3602Enjoined from committing acts of domestic violence; excluded from dwelling, place of employment, school; participation in domestic violence counseling; prohibition from possession of a firearm1 year; a modified order expires 1 yr. after service and the initial order and petitionArrest and prosecution for the crime of interfering with judicial proceeding and any other crime committed in disobeying the orderPerson or other if person is either temporarily or permanently unable to request an order; if minor, legal guardianA 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 sheriffs office in the county in which plaintiff residesCivil contempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 contactMinimum 90 days, maximum 2yrs.; may be renewed. Temporary order: maximum 30 daysClass A misdemeanor: maximum penalty 1 year imprisonment in county jail or maximum fine of $1,000 or bothFamily 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)YesCopy issued to law enforcement officer with jurisdiction to accompany petitioner in possession of dwelling or otherwise assist in service of orderCivil contempt
CALIFORNIA
Family Code 6240, et seq.; 6320, et seq.; Penal 273.6Enjoining 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 proofEmergency 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 order1 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 imprisonmentSpouse, cohabitant, fiancé/ fiancée, parent of ones 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 SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
COLORADO
14-4-101, et seq.; 18-6-803.5Enjoin 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 custodyEmergency: maximum close of business on 3rd day following issue, unless continuedClass 2 misdemeanor unless prior conviction under § or other restraining order: Class 1 misdemeanor NoLaw enforcement agency with jurisdiction to enforce the orderContempt 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 assault6 months unless extendedCriminal trespass: in 1st degree, for entering or remaining in dwelling. Maximum penalty up to 1 year in jail or up to $2,000 or bothFamily 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 injuryThe 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 townContempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 violenceEx parte order: maximum 30 days. General order: maximum 1 year unless extendedClass A misdemeanor and imprisonment or fine or bothMember 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 receivedContempt
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 petitionerTemporary protective order: maximum 14 days. General protective order: maximum 1 year unless extendedMisdemeanor: fine, maximum $1,000 and/ or imprisonment: maximum 180 daysAny person or agency Metropolitan police departmentContempt
FLORIDA
741.30 & 31Exclude from dwelling; enjoin contact; regarding minor children: grant temporary custody visitations, temporary support; counseling; restrain from committing any acts of domestic violenceEx parte temporary: maximum 15 days. General protective order: maximum 1 year, can reapply but maximum an additional year each timeMisdemeanor in 1st degreeAny 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 victimYesWithin 24 hours of issuanceCivil contempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
GEORGIA
19-13-1,et seq .Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody, visitations, support and attorneys fees, counseling; provide suitable alternate housing for petitioner and minor children; provide for possession of personal propertyTemporary 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)MisdemeanorPerson who isnt a minor on behalf of self or a minor Sheriff of the county where order was enteredContempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
HAWAII
586-1, et seq.Enjoin contact; exclude from dwelling and petitioners work; regarding minor children: grant temporary visitation, counselingTemporary restraining order: maximum 90 days; protective order: maximum 3 yearsViolation 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 fineAny 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 SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
IDAHO
39-6301, et seq.Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody; pay court costs and attorneys fees; counselingMaximum 3 months unless renewed, maximum 1 year. Ex parte temporary protective order: maximum 14 days, can be reissuedMisdemeanor: maximum 1 year jail and fine, maximum $5,000Family 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 feesOn 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 recordsEmergency: 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, attorneys 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 jailA 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 inaccessibilityYes; no fees for filing petitions or certifying orders.Certified copy filed with sheriff or other law enforcement official same day order is issuedContempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 petitioners property; order possession of property; pay attorney fees; prohibition from firearm possessionEmergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional yearConfinement in jail, prison, and/or finePerson or member of the petitioners householdYes, but may collect from party against whom the order is sought if court finds issue meritoriousTransmit 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, maintenanceMaximum 1 year. Emergency: maximum 72 hours; may then seek temporary order. Person seeking relief from domestic abuse on behalf of self or unemanicpated minorYesCertified copy to county sheriff within 6 hours of filing of the orderContempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
KANSAS
60-3101, et seq.Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; provide suitable alternate housing; attorney feesEmergency: 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 maximumViolation of enjoining contact: assault or domestic battery; violation of exclusion from dwelling: criminal trespass. Violation of a protective order is a class A person misdemeanorA 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.YesCopy to police department of petitioners residential city or to sheriff of the petitioners residential county if no residential cityContempt 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 propertyEmergency: maximum 14 days, may be extended for 14 days. General: maximum 3 years, may be reissued for a year period, with unlimited reissuesContempt of court: if intentional violation, Class A misdemeanorFamily member or unmarried couple member who is a resident or has fled to this state to escape domestic violation and abuseYesCopy to appropriate law enforcement agency within 24 hours; copy to appropriate agency for entry of domestic violation records into Law Information Network of KentuckyContempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
LOUISIANA
46:2131 to 2142Enjoin contact; exclude from dwelling, school, work; regarding minors: temporary custody, counseling; awarding use of propertyMaximum 18 months, may be extendedContempt of court: imprisonment maximum 6 months and/or fine, maximum $500Any parent; adult household member, parent or district attorney on behalf of minor or incompetentPaid by perpetratorCopy 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 attorneys fee; prohibition from possession of a firearm; order termination of a life insurance policy; care and custody of any animal in householdTemporary: remains in effect pending service of final order. General: maximum 2 years, may be extendedClass D crime; if violation of order of support: contempt of minor or of animalAny abused family or household member; if minor, person responsible for the child or representative of Department of Human ServicesYes, may be waivedFor 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 SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
MARYLAND
Family Law §4-501, et seq.Enjoin contact; exclude from dwelling, work, or school; regarding minors: temporary custody, counseling, visitations, maintenanceTemporary: 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 bothA household member or minor or vulnerable adult; states attorney, department of social services, law enforcement officer, blood, marriage or adoptive relative, or adult household memberMay be waivedCopy to appropriate law enforcement agency 
MASSACHUSETTS
209A §1, et seq.; 208 §34CEnjoin contact; exclude from dwelling (maximum 1 year, may be extended); regarding minors: temporary custody, support; suspend firearms license, monetary compensation, court may recommend batterers treatment program; alcohol limitationsMaximum 1 year, may be extendedFine: 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 imprisonmentA person suffering from abuse from an adult or minor family or household member.YesCopy to appropriate law enforcement agencyYes, civil contempt
MICHIGAN
600.2950 personal protection order & 2950aEnjoin contact; exclude from premise, work; regarding minors: exclude from minor children, enjoin possession of firearms; deny access to informationMinimum 182 days unless modifiedCivil or criminal contempt: jail, maximum 93 days and fined maximum $500Household member, spouse/ex-spouse, parent of ones child, dating relationship. Copy entered into law enforcement information network by law enforcement agency designated by court in orderYes, for false statements made in court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
MINNESOTA
518B.01Enjoin 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 yearMisdemeanor: 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 weaponAny family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minors own behalf if court determines minor has sufficient maturityYes; respondent may be directed to pay themCopy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicantYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 extendedMisdemeanor: maximum 6 months jail and/or fine, maximum $1,000; or contempt of courtAny parent, adult household member, or next friend on behalf of minors or incompetentYes, 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 costsFull order: min. 180 days to 1 yr., may be renewed for same amount of timeClass A misdemeanor unless convicted of same within 5 years: Class D felonyAny adult who has been subject to abuse by present or former family or household member, or who has been the victim of stalkingYes, court costs assessment determined by the courtCopy to local law enforcement agency in jurisdiction where petitioner resides; copy for entry into Missouri uniform law enforcement systemNo
MONTANA
40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626Enjoin 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 propertyTemporary: maximum 20 days; during dissolution: maximum 1 year, may be modifiedFine: 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 yearsVictim or regarding minors: parent, guardian ad litem or other representativeMay be if inability- topay-filing-fees order form submittedCopy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency 
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
NEBRASKA
42-901, et seq.Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custodyMaximum: 1 year unless modifiedClass 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 orderAny victim of domestic abuseYes, in good faithCopy to local police department, local law enforcement agent and local sheriffs office 
NEVADA
33.017, et seq.Enjoin contact; exclude from dwelling, school, or employment; regarding minors: temporary custody, visitations; assignment of income for supportTemporary order: maximum 30 days or until hearing. Extended order: 1 yearMisdemeanor or maximum penalty prescribed by lawSpouse, former spouse, blood or marital relative, parent of ones child, dating relation, minorCourt assesses against respondent at final disposition and can reduce or waive themCopy by end of next business day to appropriate law enforcement agency with jurisdiction over residence, school, child care facility, or place of employmentYes, 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 firearmsMaximum: 1 year, may be extended up to 5 years for each extensionWillful violation: contempt of court; knowingly violation: Class A misdemeanor; subsequent violations will result in enhanced penaltiesAny person; a minor petitioner need not be accompanied by a parent or guardianYesCopy to department of safety and local law enforcement agency having jurisdiction to enforce the orderYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
NEW JERSEY
2C: 25-17, et seq., 2c:29-9Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation, support, custody, counseling: prohibit from possession of a firearm; reimburse petitioners related expenses Contempt: crime in 4th degree. If 2nd or subsequent domestic violation contempt offense: jail minimum 30 daysAny person claiming to be a victim of domestic violence Copy to appropriate chiefs of police, members of state police, and other law enforcement agenciesYes, contempt of court
NEW MEXICO
40-13-2, et seq., 31-19-1Enjoin contact; exclude from dwelling; regarding minors: visitation, supportEmergency: 72 hrs.; maximum: 6 months, may be extended for 6 monthsMisdemeanor: jail maximum 1 year and/ or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hoursAny victim of domestic abuseYesCopy to local law enforcement agencyYes, contempt of court
NEW YORK
N.Y. Jud. Law §§654, 655Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation; counseling; reimburse reasonable expenses; refrain from harming companion animal; prohibition against firearms §842-aNot to exceed 2 yrs. or 5 yrs. if aggravated or previous violation §842Jail up to 6 months; forfeiture of bail §846-aAny 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 sheriffs office or police department in county or city in which petitioner residesYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 fees1 year; may be renewed for an additional two yearsClass A1 misdemeanor; violation concurrent with felonious conduct: charged with higher felony; 4th subsequent: Class H felonyAny aggrieved party; a minor may be represented by a person who resides with or has custodyYesCopy to police department of city of victims residence or sheriff of county police department where victim resides and to minors schoolYes, 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 propertyTemporary: maximum 30 daysClass A misdemeanor and contempt of court. If 2nd or subsequent: Class C felonyAny family or household member or any other person where court finds relationship is sufficient to warrant issuance of domestic violation protective orderYesCopy transmitted by close of business to local law enforcement agency with jurisdiction over victims residenceYes, contempt of court
OHIO
3113.31Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporarily allocate parental rights, visitations, support, counselingMaximum 5 years, may be renewed; or upon court action for divorce1st degree misdemeanor; violation with certain other crimes: 5th degree felony; violation concurrent with another felony: 3rd degree felonyPerson, parent or adult household member on behalf of other family or household memberYesCopy to all law enforcement agencies with jurisdictionYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
OKLAHOMA
Tit. 22 §60.1, et seq. Any terms & conditions the court believes reasonably necessary to cease abuse, stalking, harassment; counselingTemporary: until close of business on next day after order is issued. General: 3 yrs. max until modified or extendedMisdemeanor: 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 $10,000Victim 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 17Yes, 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, supportTemporary: 1 year restraining order, effective until expires or terminated by courtContempt: fine greater of $500 or 1% annual income and/or jail maximum 6 monthsAny person who has been the victim of abuse within preceding 180 daysYesCopy to county sheriff, and entered into Law Enforcement Data SystemYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 abuseemergency: expires at end of next business day;General: maximum 3 years, may be extended indefinitelyIndirect criminal contempt: fine: minimum $300 maximum $1,000 and maximum 6 months jail or probationAdult or emancipated minor or any parent, adult household member, or guardian ad litem on behalf of minor or incompetentFees & costs assessed to defendant when order grantedPetitioner 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 orderYes, civil contempt
RHODE ISLAND
15-15-1, et seq., 12-29-5Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support; prohibition against firearmsSupport payments: maximum 90 days. General: maximum 3 years, may be extended. Temporary: maximum 21 days, may be extendedContempt of court. If defendant has actual notice of protective order: misdemeanor: jail maximum 1 year and/or fine maximum $1,000 and counselingAny victim of domestic abuseYesCopy forwarded immediately to law enforcement agency designated by petitionerYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 feesMinimum 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 $1,500Any household member on behalf of self or minor household membersYesCopy to local law enforcement agencies with jurisdiction over area where petitioner residesYes, contempt of court
SOUTH DAKOTA
25-10-1, et seq.Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counselingProtective order: maximum 3 years. Temporary: 30 daysIf knows of order: Class 1 misdemeanor. If assault occurs or 3rd violation in 5 years: Class 6 felonyAny family or household memberYes, if affidavit filedCopy to local law enforcement agency having jurisdiction over area where petitioner resides within 24 hoursYes, 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; counselingProtective order effective for 1 year, or court of divorce action modifies or dissolves itCivil 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 guardianDetermined at hearingCopy to local law enforcement agency with jurisdiction over area where petitioner residesYes, contempt of court
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil 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 firearmsTemporary: 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 bothAdult member of family or dating relationship; prosecuting attorney; department of protective and regulatory services; any adult to protect a childYes; fees paid by respondentCopy to chief of police where protected resides and to department of public safety and to schoolYes, contempt of court
UTAH
30-6-1, et seq.; 76-5-108Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearmEx parte: Maximum 20 days unless modified. Civil provisions: 150 daysClass A misdemeanorAny cohabitantYesCopy by end of next business day to local law enforcement agencies designated by petitioner and copy to statewide domestic violations networkYes, 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 petA fixed period at the expiration of which time the court may extend orderCriminal contempt: jail maximum 6 months and/or fine maximum $1,000Any family or household member on behalf of self or their childrenYesCopy to department of public safety relief from abuse database 
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
VIRGINIA
16.1-253, et seq. Enjoin contact; exclude from dwelling or provide alternative housing; regarding minors: visitations; use of motor vehicleEmergency: 72 hrs. after issuanceContempt 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.YesCopy to local police department or sheriffs officeYes, 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 feesRestraining order to protect minors: maximum 1 year, may be extended. Ex parte temporary order: maximum 14 or 24 days, may be reissuedGross 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 felonyAny 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.YesEntered into statewide judicial information system within one judicial day; copy on or before next judicial day to appropriate law enforcement agencyYes, 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 expensesFinal protective order: 90-180 days; may be extendedMisdemeanor: 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 $3,000Person or adult family or household member on behalf of minor or incapacitatedYesCopy within 24 hours to any law enforcement agency having jurisdiction including city police, county sheriffs office or local office of the West Virginia State PoliceYes, civil contempt
Code SectionActivity Addressed by OrderDurationPenalty for a Violation of OrderWho May Apply for OrderFees Waived?Transmission to Law EnforcementCivil Liability
WISCONSIN
813.12; 813.122Enjoin contact; exclude from dwelling; regarding minors: reasonable visitation; surrender of firearms, unless respondent is a peace officerInjunction: maximum 4 years or until child victim is 18 years, whichever is firstIf knowingly violates, jail maximum 9 months and/or fine maximum $1,000Any 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.; 6-4-404Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling, (maximum 90 days)Protective order: maximum 1 yr.; extensions up to 1 yr. eachIf willful violation: misdemeanor: jail maximum 6 mos. and/ or $750 fineAny victim of domestic abuseYesCopy to county sheriff who notifies local law enforcement agency in petitioners countyYes

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