The Justice System
Whether or not you want to pursue justice through the legal system is 100% your decision, and cannot and should not be made or influenced by someone else. No one knows or has lived through your exact situation. You also do not need to make that decision right away. This section is here to walk you through your options, and break down the process of each. There are also organizations that can help you through these decisions, listed under the “Resources” tab.
Domestic Violence Protection orders
Protection orders and the process to obtain one varies from state to state.
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In Alabama, getting a Protection From Abuse Order has 2 steps. First, the survivor will meet with a judge to discuss getting a temporary order, which judge has up to 3 days to decide whether or not to grant. If it is granted, The survivor and perpetrator will attend a hearing where they can both submit evidence and the judge will determine whether or not they will grant a final order. Unless the judge says otherwise, the final order is permanent. These orders can protect both the survivor and their children, as long as the children are minors.
Keep in mind that in Alabama, the Protection Order itself is a civil order, not a criminal one. That means it probably won’t end up on the perpetrators criminal record. If they break the order, though, they can be arrested and that will go on their criminal record.
If you are unable to obtain a lawyer, or would like legal advice regarding your situation, the Alabama Coalition Against Domestic Violence has resource offices listed here.
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In Alaska, there are 3 different types of Domestic Violence Protective Orders - emergency, ex parte, and final.
First, an emergency protective order can be requested by a police officer with the consent of the survivor. In order for this one to be granted, the judge needs to agree that the survivor is in immediate danger of further abuse. These orders can last up to 72 hours.
A judge can also grant a ex parte protective order that can last for up to 20 days. This just means that the order can be granted without the perpetrator present. After this, the survivor can attend a hearing, which would have the perpetrator present, for a final order. The final orders do only last for a year, though.
These orders are civil, not criminal, so the survivor doesn’t need to worry about the perpetrator receiving a criminal record. If the perpetrator breaks the order, though, it is considered criminal and they can be arrested.
If you need help accessing a lawyer or would like legal advice regarding your situation, the Alaska Network on Domestic Violence and Sexual Assault lists their member programs here.
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In Arizona, there are 2 different types of Domestic Violence Protection Orders.
First, a judge can issue an emergency protection order that will last either until the next business day or for 72 hours, whichever is longer (if you file Friday morning, the order is valid until the end of the business day on Monday, but if you file on Monday morning, it is valid for 72 hours). These are issued if the judge believes the survivor is in clear, immediate danger of further harm.
A judge can also issue a final protective order that can last up to a year. This can be issued without a formal trial, without the perpetrator present. The judge needs to find that the survivor did experience domestic violence within the past year, or that an act of domestic violence may be committed against the survivor in the future.
A Domestic Violence Protection order is a civil order in Arizona, but if the perpetrator breaks it they can be arrested and charged. If you are looking for legal advice about your situation, you can reach out to the Arizona Sexual and Domestic Violence Helpline.
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Arkansas has 2 types of Domestic Violence Orders of Protection - temporary and final.
The temporary order can be granted without the perpetrator being present (you may hear this called ex parte - just meaning that they aren’t there). These orders last until the final Protection Order hearing, usually within 30 days.
In order to receive a Final Protection Order, the survivor must attend a full hearing. During this hearing, the perpetrator can be present and both people will be asked to provide evidence, if they have it. If the judge decides to grant the order, it can stay in place for anywhere between 90 days and 10 years. If the survivor still feels they are in danger when the order expires, they can apply to renew it.
In Arkansas, Domestic Violence Orders of Protection are civil, not criminal. However, if the perpetrator violates the order, it turns criminal and they can be arrested. If you would like legal advice about your situation, the Arkansas Coalition Against Domestic Violence has a list of crisis centers here.
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California has 3 types of Domestic Violence Restraining Orders - Emergency, Temporary, and Final.
An emergency restraining order can be issued if a police offer requests it. To grant these orders, the judge has to believe there is an immediate and present danger of further domestic violence or of child abuse. So if they believe that the survivor or their child will be hurt in the next few days, they can grant the order. These orders usually last 7 days or 5 business days, whichever is shorter.
A temporary order can be issued without the perpetrator being present (you might hear this referred to as ex parte, just meaning they aren’t there). These last until the final hearing, which is usually 3 weeks after the temporary order (it will not be longer than 3 weeks). The judge will grant this if they believe that the survivor is in immediate danger and cannot wait for a hearing.
For the final order, there will be a hearing where both the survivor and the perpetrator will be present and be asked to present evidence. Unless the judge specifies differently, these orders last 3 years and can be extended in the last 3 months it is valid.
If you would like legal advice for your situation, The California Partnership to End Domestic Violence has a list of the Californian domestic violence organizations here.
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Colorado has 3 types of Domestic Violence Protection Orders- emergency, temporary and final.
Police can request an emergency order on the survivor’s behalf, if they believe that the survivor is in immediate danger of violence. These orders only last a few days, and are typically only considered if the courts are closed or if the judge isn’t able to speak with the survivor for a temporary order.
A judge can issue a temporary order if they find that the survivor is in danger of further domestic violence. These orders last until the judge can hold a hearing for the final order, usually about 14 days later. You might hear this called and “ex-parte” order, that just means that the perpetrator won’t be there when the order is issued.
For the final order, the judge will hold a hearing where both the survivor and perpetrator will be present, and will be asked to provide evidence. When granted, these orders generally last 1 year, but the judge can extend this at their discretion.
If you would like legal advice regarding your specific situation, Violence Free Colorado has their resources listed by county here.
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Connecticut has 2 types of Relief from Abuse Orders, temporary and final.
A judge can issue a temporary order if they find that the survivor is in danger of further domestic violence. These orders last until the judge can hold a hearing for the final order, usually about 14 days later. You might hear this called and “ex-parte” order, that just means that the perpetrator won’t be there when the order is issued.
For the final order, the judge will hold a hearing where both the survivor and perpetrator will be present, and will be asked to provide evidence. When granted, these orders generally last 1 year, but the judge can extend this at their discretion.
If you would like legal advice regarding your specific situation, the Connecticut Coalition Against Domestic Violence has their resources listed by county here.
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Delaware has 2 types of Orders of Protection from Abuse - emergency and full orders.
The survivor can receive an emergency order if they are in immediate danger of further violence. These last until the hearing for the final order, which is typically 15 days later (the order can be extended up to 30 days if the court hasn’t had a hearing yet). You may hear this listed as “ex-parte,” but that just means the perpetrator won’t be there when the order is given.
For a final order of protection, the survivor and the perpetrator will attend a hearing and will be asked to provide evidence. Though these orders generally last for a year, a judge may order it for longer or extend the order, if the survivor experiences specific circumstances.
If you would like legal advice regarding your specific case, the Delaware Coalition Against Domestic Violence has a list of resources by county here.
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DC has 2 types of Domestic Violence Restraining Orders, temporary and final.
For a temporary order, the judge needs to believe that the survivor’s life or safety is in immediate danger of further violence. This order lasts until the hearing for the final order, which is usually 14 days later. However, the temporary order can be extended if the hearing hasn’t happened yet. You might hear this referred to as an “ex-parte” order, that just means that the perpetrator isn’t there when the judge talks to the survivor.
For the final order, the judge will hold a hearing with both the survivor and perpetrator. Here, they will be asked to provide evidence to support their sides. If the order is granted, it will last for 1 year. However, the survivor can request to extend it.
If you would like legal advice for your specific situation, The DC Coalition Against Domestic Violence has a list of local resources here.
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Florida has 2 types of Injunctions for Protection Against Domestic Violence - temporary and final.
For a temporary order, a judge needs to find that the survivor is in clear and immediate danger of further violence. This can be done without testimony or the presence of the perpetrator. This lasts until the hearing for the final order, usually 15 days after the temporary order is issued. You might hear this referred to as an “ex-parte” order, but that just means that it is issued without the perpetrator being there.
For a final Injunction, the judge has to have a hearing with the perpetrator and survivor. Here, they’ll be asked to provide evidence. These orders generally last indefinitely, but can be changed or canceled if the survivor requests it.
If you would like legal advice regarding your specific situation, the Florida Partnership to End Domestic Violence has a list of the direct service providers broken down by county here.
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Georgia has 2 types of Family Violence Protective Orders - temporary and final.
For a temporary order, a judge needs to find that the survivor in is immediate danger of further violence. These orders last until the hearing for a final order, which is typically within 30 days. You may hear this referred to as “ex-parte,” but that just means that the perpetrator isn’t there when it is issued.
For a final order, the judge will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. These orders generally last for one year, but can be extended to three years. At that point, an extension will make the order permanent.
If you would like legal advice for your specific situation, the Georgia Coalition Against Domestic Violence has local resources listed by county here.
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Hawaii has 2 types of Orders for Protection, temporary and final.
A temporary order can be issued without the perpetrator being present, and lasts until the hearing for the final Order. This is usually within 15 days, but the order can last up to 180 days. You my hear this referred to as an “ex parte” order, but that just means the perpetrator isn’t there.
For a final order, the judge will have a hearing where the perpetrator needs to prove that the survivor is no longer in danger. These orders last longer than the temporary orders.
If you would like legal advice regarding your situation, the Hawai’i Coalition Against Domestic Violence has local resources listed here.
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Idaho has 2 types of Protection Orders, temporary and final.
A judge can issue a temporary order if they believe that the survivor is at risk of “serious or permanent harm.” These orders last until the hearing for the final protection order, usually 14 days later. You may hear this called an “ex parte” order, but that just means that the perpetrator isn’t there when it is issued.
For a final order, the judge will hold a hearing where both the survivor and perpetrator will be asked to provide evidence. If the order is granted, it will generally last for 1 year. The survivor can ask for this to be extended, though, if they are still in danger.
If you would like legal advice regarding your situation, the Idaho Coalition Against Sexual and Domestic Violence has a list of local and tribal resources here.
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Illinois has 3 types of Orders of Protection - Emergency, Interim, and Plenary.
For an emergency order, the judge needs to find that the survivor is in immediate danger of further harm, and is likely to experience violence if the perpetrator is notified about the order. This order lasts until the hearing for the plenary hearing, which is generally 14-21 days after the emergency order is granted.
An interim order can also be issued by a judge, which can last up to 30 days or until the plenary hearing. This one can only be issued if the courts have told the perpetrator.
A plenary order is what most states refer to as a final order. This order requires a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. These orders last for 2 years, but can be renewed.
If you would like legal advice for your specific situation, the Illinois Coalition Against Domestic Violence has local resources listed here.
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Indiana has two types of Orders for Protection, temporary and final.
A temporary order can be issued by a judge without telling the perpetrator or holding a hearing. You might hear this referred to as “ex-parte,” but that just means that the perpetrator is not there. These orders generally last for 2 years, or until the courts schedule a hearing for a final order (usually within 30 days).
For a final order, the judge will hold a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. If granted, these orders last 2 years. However, the survivor can request for the order to be extended.
If you would like legal advice regarding your specific case, the Indiana Coalition Against Domestic Violence has a list of local resources here.
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Iowa has 3 types of Protective Orders - emergency, temporary, and permanent.
A judge is able to issue an emergency order if the courts are closed during an emergency situation. These orders last 72 hours, and are designed to give the survivor safety until they request a temporary order.
Temporary orders are then issued when courts are open. These orders last until the final hearing, which is typically 15 days later. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator doesn’t need to be present when it is granted.
For a permanent order, the courts will hold a hearing with both the survivor and the perpetrator, where they will both be asked to give evidence. If granted, these orders last for one year, but can be extended later.
If you would like legal advice regarding your specific situation, the Iowa Coalition Against Domestic Violence has a legal clinic. For more information, click here.
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Kansas has 3 types of Protection from Abuse Orders - emergency, temporary, and final.
Emergency orders can be requested by police officers if the courts are closed. For these orders, the judge must believe that the survivor is in immediate danger of further abuse. These orders only last until the next business day, when the survivor must request a temporary order.
For temporary orders, the survivor will return when regular court is open. Again, the judge will grant this order if they believe that the survivor and/or their family is in danger of being harmed. These orders last until the hearing for the final order, generally within 21 days. You may hear this referred to as an “ex-parte” order, but that just means that the perpetrator isn’t there when the judge talks to the survivor.
For a final order, there will be a hearing with both the survivor and the perpetrator. There, they will both be asked to provide evidence. These orders last for one year, but can be extended indefinitely in some situations.
If you would like legal advice regarding your specific situation, the Kansas Coalition Against Sexual and Domestic Violence has local resources listed here.
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Kentucky has 2 types of Protection Orders - emergency and final.
Judges will issue Emergency Orders if they believe that the survivor is in immediate danger of further violence and needs protection. These orders originally last for until the final hearing (usually approximately 14 days), but can be extended if the perpetrator hasn’t been served the order papers. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when the order is granted.
For the Final Order, the court will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. When Final Orders are granted, they last for up to 3 years. However, survivors can request that the order be extended.
If you would like legal advice regarding your specific situation, the Kentucky Coalition Against Domestic Violence has a list of local resources here.
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Louisiana has 3 types of Protective Orders - emergency, temporary, and final.
Judges are able to issue emergency protective orders if they believe that the survivor is in immediate danger of further harm when the courts are closed (at night, over the weekend, or on a federal holiday, for example). These orders last until the end of the next day that the courts are open. So if an emergency order is granted on a regular Friday night, it will remain valid until the end of the business day on Monday. This is designed to give the survivor protection until they can file for a temporary order.
Temporary orders are issued during regular court hours, again if the survivor is in immediate danger of further violence. These orders last until the final order hearing, which is typically within 21 days. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
For a final protective order, the court will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. If granted, these orders last a year and a half (18 months), and can be extended if the survivor is still in need of protection.
If you would like legal advice on your specific situation, the Louisiana Coalition Against Domestic Violence has a list of local resources here.
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Maine has 2 types of Protection from Abuse Orders - temporary and final.
For a temporary order, a judge must find that the survivor is in immediate danger of further violence, or another cause. These orders last until the hearing for the final order, generally within 3 weeks. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are granted.Final Protection From Abuse orders require a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. These orders last for 2 years, but the survivor can request an extension if they are still in danger.
If you would like legal advice regarding your specific situation, the Maine Coalition to End Domestic Violence has local and tribal resources listed here.
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Maryland has 3 types of Protective Orders - interim, temporary, and final.
If the survivor needs immediate protection and the court is closed, the District Court Commissioner can issue an interim order. These usually only last a few days, and are designed to give the survivor protection until they are able to speak with a judge for a temporary order.
For a temporary order, the judge needs to speak with the survivor and believe that they are in danger of further violence. These orders last until the hearing for the final order, generally 7 days. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
Final protective order require a full hearing with both the survivor and perpetrator, where they will both be asked to provide evidence. These orders last between a year and 2 years, and the survivor can ask for it to be extended.
If you would like legal advice regarding your specific situation, the Maryland Network Against Domestic Violence has a list of local resources here.
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Massachusetts has 3 types of Abuse Prevention Orders - emergency, temporary, and final.
Emergency orders can be issued by a judge if they believe the survivor is in immediate danger of further violence and the courts are closed or they are unable to to go court. This means that there is still an option if the survivor needs protection at night, over the weekend or during a federal holiday, or if they are in the hospital or otherwise unable to go to court. These orders last until end of the next business day, giving survivors protection until they are able to file for a temporary order.
Temporary orders are similar to emergency orders in that the judge needs to believe that the survivor is in immediate danger, but these orders are issued during regular court hours. These last until the final protection order hearing, generally 2 weeks. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
Final orders need a full hearing with both the survivor and perpetrator, where they will both be asked for evidence. These orders last for 1 year, but the survivor can request to extend them.
If you would like legal advice for your specific situation, the Massachusetts Coalition Against Sexual Assault and Domestic Violence has a list of local resources here.
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Michigan has 2 types of Domestic Relationship Personal Protection Orders - temporary and final.
For a temporary order, the judge needs to believe that the survivor is in danger of severe and irreversible injury, loss, or damage. These orders last for up to 182 days. You might hear these referred to as “ex-parte” order, but that just means that the perpetrator isn’t there when the order is issued.
Final orders are issued after a hearing with the survivor and the perpetrator, where they will both be asked to provide evidence.
If you would like legal advice regarding your specific situation, the Michigan Coalition Against Domestic and Sexual Violence has a list of local resources here.
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Minnesota has 2 types of Orders for Protection - temporary and full.
Temporary orders can be granted by a judge if they believe that the survivor is in immediate danger of further violence. These orders last up to 2 years. You might hear them referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when it is granted.
The survivor can also request a hearing for a full order, which would include both the survivor and the perpetrator. Here, they will be asked to provide evidence. These orders also last for 2 year, but the survivor can request for this to be extended if they still need protection.
If you would like legal advice regarding your specific situation, Violence Free Minnesota has a list of local resources here.
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Mississippi has 2 types of Protective Orders, temporary and final.
Temporary orders are able to granted when a judge believes that the survivor or their family is in immediate danger of further violence. These orders last until the final order hearing, which is typically in 10 days. However, they can be extended under certain circumstances. You might hear these orders referred to as “ex-parte,” but that just means that the perpetrator isn’t there when the order is issued.
Final order, though, require a full here with both the survivor and perpetrator where they will both be asked to provide evidence supporting their side. If granted, the judge will decide on the length of the order.
If you would like legal advice regarding your specific situation, the Mississippi Coalition Against Domestic Violence has a list of local resources here.
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Missouri has 2 types of Orders of Protection, temporary and final.
Temporary orders can be granted by a judge if the survivor is in danger of further harm. These orders last until the hearing for a final order, which is typically 15 days later. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t present when they are issued.
For a final order, there needs to be a hearing with both the survivor and perpetrator. Here, they will both be asked to provide evidence. These orders can last between 180 days and a year, but the survivor can ask for it to be extended if they are still in danger.
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In Montana, there are 2 types of Orders of Protection, temporary and final.
For a temporary order, the judge needs to believe that the survivor is in danger of further abuse. These orders last until the hearing for the final order, which is typically within 20 days. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when the order is issued.
Final orders require a full hearing with both the survivor and the perpetrator
If you are unable to obtain a lawyer, or would like legal advice regarding your situation, the Alabama Coalition Against Domestic Violence has resource offices listed here.
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In Alaska, there are 3 different types of Domestic Violence Protective Orders - emergency, ex parte, and final.
First, an emergency protective order can be requested by a police officer with the consent of the survivor. In order for this one to be granted, the judge needs to agree that the survivor is in immediate danger of further abuse. These orders can last up to 72 hours.
A judge can also grant a ex parte protective order that can last for up to 20 days. This just means that the order can be granted without the perpetrator present. After this, the survivor can attend a hearing, which would have the perpetrator present, for a final order. The final orders do only last for a year, though.
These orders are civil, not criminal, so the survivor doesn’t need to worry about the perpetrator receiving a criminal record. If the perpetrator breaks the order, though, it is considered criminal and they can be arrested.
If you need help accessing a lawyer or would like legal advice regarding your situation, the Alaska Network on Domestic Violence and Sexual Assault lists their member programs here.
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In Arizona, there are 2 different types of Domestic Violence Protection Orders.
First, a judge can issue an emergency protection order that will last either until the next business day or for 72 hours, whichever is longer (if you file Friday morning, the order is valid until the end of the business day on Monday, but if you file on Monday morning, it is valid for 72 hours). These are issued if the judge believes the survivor is in clear, immediate danger of further harm.
A judge can also issue a final protective order that can last up to a year. This can be issued without a formal trial, without the perpetrator present. The judge needs to find that the survivor did experience domestic violence within the past year, or that an act of domestic violence may be committed against the survivor in the future.
A Domestic Violence Protection order is a civil order in Arizona, but if the perpetrator breaks it they can be arrested and charged. If you are looking for legal advice about your situation, you can reach out to the Arizona Sexual and Domestic Violence Helpline.
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Arkansas has 2 types of Domestic Violence Orders of Protection - temporary and final.
The temporary order can be granted without the perpetrator being present (you may hear this called ex parte - just meaning that they aren’t there). These orders last until the final Protection Order hearing, usually within 30 days.
In order to receive a Final Protection Order, the survivor must attend a full hearing. During this hearing, the perpetrator can be present and both people will be asked to provide evidence, if they have it. If the judge decides to grant the order, it can stay in place for anywhere between 90 days and 10 years. If the survivor still feels they are in danger when the order expires, they can apply to renew it.
In Arkansas, Domestic Violence Orders of Protection are civil, not criminal. However, if the perpetrator violates the order, it turns criminal and they can be arrested. If you would like legal advice about your situation, the Arkansas Coalition Against Domestic Violence has a list of crisis centers here.
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California has 3 types of Domestic Violence Restraining Orders - Emergency, Temporary, and Final.
An emergency restraining order can be issued if a police offer requests it. To grant these orders, the judge has to believe there is an immediate and present danger of further domestic violence or of child abuse. So if they believe that the survivor or their child will be hurt in the next few days, they can grant the order. These orders usually last 7 days or 5 business days, whichever is shorter.
A temporary order can be issued without the perpetrator being present (you might hear this referred to as ex parte, just meaning they aren’t there). These last until the final hearing, which is usually 3 weeks after the temporary order (it will not be longer than 3 weeks). The judge will grant this if they believe that the survivor is in immediate danger and cannot wait for a hearing.
For the final order, there will be a hearing where both the survivor and the perpetrator will be present and be asked to present evidence. Unless the judge specifies differently, these orders last 3 years and can be extended in the last 3 months it is valid.
If you would like legal advice for your situation, The California Partnership to End Domestic Violence has a list of the Californian domestic violence organizations here.
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Colorado has 3 types of Domestic Violence Protection Orders- emergency, temporary and final.
Police can request an emergency order on the survivor’s behalf, if they believe that the survivor is in immediate danger of violence. These orders only last a few days, and are typically only considered if the courts are closed or if the judge isn’t able to speak with the survivor for a temporary order.
A judge can issue a temporary order if they find that the survivor is in danger of further domestic violence. These orders last until the judge can hold a hearing for the final order, usually about 14 days later. You might hear this called and “ex-parte” order, that just means that the perpetrator won’t be there when the order is issued.
For the final order, the judge will hold a hearing where both the survivor and perpetrator will be present, and will be asked to provide evidence. When granted, these orders generally last 1 year, but the judge can extend this at their discretion.
If you would like legal advice regarding your specific situation, Violence Free Colorado has their resources listed by county here.
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Connecticut has 2 types of Relief from Abuse Orders, temporary and final.
A judge can issue a temporary order if they find that the survivor is in danger of further domestic violence. These orders last until the judge can hold a hearing for the final order, usually about 14 days later. You might hear this called and “ex-parte” order, that just means that the perpetrator won’t be there when the order is issued.
For the final order, the judge will hold a hearing where both the survivor and perpetrator will be present, and will be asked to provide evidence. When granted, these orders generally last 1 year, but the judge can extend this at their discretion.
If you would like legal advice regarding your specific situation, the Connecticut Coalition Against Domestic Violence has their resources listed by county here.
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Delaware has 2 types of Orders of Protection from Abuse - emergency and full orders.
The survivor can receive an emergency order if they are in immediate danger of further violence. These last until the hearing for the final order, which is typically 15 days later (the order can be extended up to 30 days if the court hasn’t had a hearing yet). You may hear this listed as “ex-parte,” but that just means the perpetrator won’t be there when the order is given.
For a final order of protection, the survivor and the perpetrator will attend a hearing and will be asked to provide evidence. Though these orders generally last for a year, a judge may order it for longer or extend the order, if the survivor experiences specific circumstances.
If you would like legal advice regarding your specific case, the Delaware Coalition Against Domestic Violence has a list of resources by county here.
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DC has 2 types of Domestic Violence Restraining Orders, temporary and final.
For a temporary order, the judge needs to believe that the survivor’s life or safety is in immediate danger of further violence. This order lasts until the hearing for the final order, which is usually 14 days later. However, the temporary order can be extended if the hearing hasn’t happened yet. You might hear this referred to as an “ex-parte” order, that just means that the perpetrator isn’t there when the judge talks to the survivor.
For the final order, the judge will hold a hearing with both the survivor and perpetrator. Here, they will be asked to provide evidence to support their sides. If the order is granted, it will last for 1 year. However, the survivor can request to extend it.
If you would like legal advice for your specific situation, The DC Coalition Against Domestic Violence has a list of local resources here.
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Florida has 2 types of Injunctions for Protection Against Domestic Violence - temporary and final.
For a temporary order, a judge needs to find that the survivor is in clear and immediate danger of further violence. This can be done without testimony or the presence of the perpetrator. This lasts until the hearing for the final order, usually 15 days after the temporary order is issued. You might hear this referred to as an “ex-parte” order, but that just means that it is issued without the perpetrator being there.
For a final Injunction, the judge has to have a hearing with the perpetrator and survivor. Here, they’ll be asked to provide evidence. These orders generally last indefinitely, but can be changed or canceled if the survivor requests it.
If you would like legal advice regarding your specific situation, the Florida Partnership to End Domestic Violence has a list of the direct service providers broken down by county here.
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Georgia has 2 types of Family Violence Protective Orders - temporary and final.
For a temporary order, a judge needs to find that the survivor in is immediate danger of further violence. These orders last until the hearing for a final order, which is typically within 30 days. You may hear this referred to as “ex-parte,” but that just means that the perpetrator isn’t there when it is issued.
For a final order, the judge will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. These orders generally last for one year, but can be extended to three years. At that point, an extension will make the order permanent.
If you would like legal advice for your specific situation, the Georgia Coalition Against Domestic Violence has local resources listed by county here.
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Hawaii has 2 types of Orders for Protection, temporary and final.
A temporary order can be issued without the perpetrator being present, and lasts until the hearing for the final Order. This is usually within 15 days, but the order can last up to 180 days. You my hear this referred to as an “ex parte” order, but that just means the perpetrator isn’t there.
For a final order, the judge will have a hearing where the perpetrator needs to prove that the survivor is no longer in danger. These orders last longer than the temporary orders.
If you would like legal advice regarding your situation, the Hawai’i Coalition Against Domestic Violence has local resources listed here.
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Idaho has 2 types of Protection Orders, temporary and final.
A judge can issue a temporary order if they believe that the survivor is at risk of “serious or permanent harm.” These orders last until the hearing for the final protection order, usually 14 days later. You may hear this called an “ex parte” order, but that just means that the perpetrator isn’t there when it is issued.
For a final order, the judge will hold a hearing where both the survivor and perpetrator will be asked to provide evidence. If the order is granted, it will generally last for 1 year. The survivor can ask for this to be extended, though, if they are still in danger.
If you would like legal advice regarding your situation, the Idaho Coalition Against Sexual and Domestic Violence has a list of local and tribal resources here.
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Illinois has 3 types of Orders of Protection - Emergency, Interim, and Plenary.
For an emergency order, the judge needs to find that the survivor is in immediate danger of further harm, and is likely to experience violence if the perpetrator is notified about the order. This order lasts until the hearing for the plenary hearing, which is generally 14-21 days after the emergency order is granted.
An interim order can also be issued by a judge, which can last up to 30 days or until the plenary hearing. This one can only be issued if the courts have told the perpetrator.
A plenary order is what most states refer to as a final order. This order requires a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. These orders last for 2 years, but can be renewed.
If you would like legal advice for your specific situation, the Illinois Coalition Against Domestic Violence has local resources listed here.
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Indiana has two types of Orders for Protection, temporary and final.
A temporary order can be issued by a judge without telling the perpetrator or holding a hearing. You might hear this referred to as “ex-parte,” but that just means that the perpetrator is not there. These orders generally last for 2 years, or until the courts schedule a hearing for a final order (usually within 30 days).
For a final order, the judge will hold a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. If granted, these orders last 2 years. However, the survivor can request for the order to be extended.
If you would like legal advice regarding your specific case, the Indiana Coalition Against Domestic Violence has a list of local resources here.
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Iowa has 3 types of Protective Orders - emergency, temporary, and permanent.
A judge is able to issue an emergency order if the courts are closed during an emergency situation. These orders last 72 hours, and are designed to give the survivor safety until they request a temporary order.
Temporary orders are then issued when courts are open. These orders last until the final hearing, which is typically 15 days later. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator doesn’t need to be present when it is granted.
For a permanent order, the courts will hold a hearing with both the survivor and the perpetrator, where they will both be asked to give evidence. If granted, these orders last for one year, but can be extended later.
If you would like legal advice regarding your specific situation, the Iowa Coalition Against Domestic Violence has a legal clinic. For more information, click here.
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Kansas has 3 types of Protection from Abuse Orders - emergency, temporary, and final.
Emergency orders can be requested by police officers if the courts are closed. For these orders, the judge must believe that the survivor is in immediate danger of further abuse. These orders only last until the next business day, when the survivor must request a temporary order.
For temporary orders, the survivor will return when regular court is open. Again, the judge will grant this order if they believe that the survivor and/or their family is in danger of being harmed. These orders last until the hearing for the final order, generally within 21 days. You may hear this referred to as an “ex-parte” order, but that just means that the perpetrator isn’t there when the judge talks to the survivor.
For a final order, there will be a hearing with both the survivor and the perpetrator. There, they will both be asked to provide evidence. These orders last for one year, but can be extended indefinitely in some situations.
If you would like legal advice regarding your specific situation, the Kansas Coalition Against Sexual and Domestic Violence has local resources listed here.
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Kentucky has 2 types of Protection Orders - emergency and final.
Judges will issue Emergency Orders if they believe that the survivor is in immediate danger of further violence and needs protection. These orders originally last for until the final hearing (usually approximately 14 days), but can be extended if the perpetrator hasn’t been served the order papers. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when the order is granted.
For the Final Order, the court will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. When Final Orders are granted, they last for up to 3 years. However, survivors can request that the order be extended.
If you would like legal advice regarding your specific situation, the Kentucky Coalition Against Domestic Violence has a list of local resources here.
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Louisiana has 3 types of Protective Orders - emergency, temporary, and final.
Judges are able to issue emergency protective orders if they believe that the survivor is in immediate danger of further harm when the courts are closed (at night, over the weekend, or on a federal holiday, for example). These orders last until the end of the next day that the courts are open. So if an emergency order is granted on a regular Friday night, it will remain valid until the end of the business day on Monday. This is designed to give the survivor protection until they can file for a temporary order.
Temporary orders are issued during regular court hours, again if the survivor is in immediate danger of further violence. These orders last until the final order hearing, which is typically within 21 days. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
For a final protective order, the court will hold a hearing with both the survivor and the perpetrator. Here, they will both be asked to provide evidence. If granted, these orders last a year and a half (18 months), and can be extended if the survivor is still in need of protection.
If you would like legal advice on your specific situation, the Louisiana Coalition Against Domestic Violence has a list of local resources here.
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Maine has 2 types of Protection from Abuse Orders - temporary and final.
For a temporary order, a judge must find that the survivor is in immediate danger of further violence, or another cause. These orders last until the hearing for the final order, generally within 3 weeks. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are granted.Final Protection From Abuse orders require a hearing with both the survivor and perpetrator, where they will be asked to provide evidence. These orders last for 2 years, but the survivor can request an extension if they are still in danger.
If you would like legal advice regarding your specific situation, the Maine Coalition to End Domestic Violence has local and tribal resources listed here.
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Maryland has 3 types of Protective Orders - interim, temporary, and final.
If the survivor needs immediate protection and the court is closed, the District Court Commissioner can issue an interim order. These usually only last a few days, and are designed to give the survivor protection until they are able to speak with a judge for a temporary order.
For a temporary order, the judge needs to speak with the survivor and believe that they are in danger of further violence. These orders last until the hearing for the final order, generally 7 days. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
Final protective order require a full hearing with both the survivor and perpetrator, where they will both be asked to provide evidence. These orders last between a year and 2 years, and the survivor can ask for it to be extended.
If you would like legal advice regarding your specific situation, the Maryland Network Against Domestic Violence has a list of local resources here.
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Massachusetts has 3 types of Abuse Prevention Orders - emergency, temporary, and final.
Emergency orders can be issued by a judge if they believe the survivor is in immediate danger of further violence and the courts are closed or they are unable to to go court. This means that there is still an option if the survivor needs protection at night, over the weekend or during a federal holiday, or if they are in the hospital or otherwise unable to go to court. These orders last until end of the next business day, giving survivors protection until they are able to file for a temporary order.
Temporary orders are similar to emergency orders in that the judge needs to believe that the survivor is in immediate danger, but these orders are issued during regular court hours. These last until the final protection order hearing, generally 2 weeks. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when they are issued.
Final orders need a full hearing with both the survivor and perpetrator, where they will both be asked for evidence. These orders last for 1 year, but the survivor can request to extend them.
If you would like legal advice for your specific situation, the Massachusetts Coalition Against Sexual Assault and Domestic Violence has a list of local resources here.
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Michigan has 2 types of Domestic Relationship Personal Protection Orders - temporary and final.
For a temporary order, the judge needs to believe that the survivor is in danger of severe and irreversible injury, loss, or damage. These orders last for up to 182 days. You might hear these referred to as “ex-parte” order, but that just means that the perpetrator isn’t there when the order is issued.
Final orders are issued after a hearing with the survivor and the perpetrator, where they will both be asked to provide evidence.
If you would like legal advice regarding your specific situation, the Michigan Coalition Against Domestic and Sexual Violence has a list of local resources here.
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Minnesota has 2 types of Orders for Protection - temporary and full.
Temporary orders can be granted by a judge if they believe that the survivor is in immediate danger of further violence. These orders last up to 2 years. You might hear them referred to as “ex-parte” orders, but that just means that the perpetrator isn’t there when it is granted.
The survivor can also request a hearing for a full order, which would include both the survivor and the perpetrator. Here, they will be asked to provide evidence. These orders also last for 2 year, but the survivor can request for this to be extended if they still need protection.
If you would like legal advice regarding your specific situation, Violence Free Minnesota has a list of local resources here.
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Mississippi has 2 types of Protective Orders, temporary and final.
Temporary orders are able to granted when a judge believes that the survivor or their family is in immediate danger of further violence. These orders last until the final order hearing, which is typically in 10 days. However, they can be extended under certain circumstances. You might hear these orders referred to as “ex-parte,” but that just means that the perpetrator isn’t there when the order is issued.
Final order, though, require a full here with both the survivor and perpetrator where they will both be asked to provide evidence supporting their side. If granted, the judge will decide on the length of the order.
If you would like legal advice regarding your specific situation, the Mississippi Coalition Against Domestic Violence has a list of local resources here.
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Missouri has 2 types of Orders of Protection, temporary and final.
Temporary orders can be granted by a judge if the survivor is in danger of further harm. These orders last until the hearing for a final order, which is typically 15 days later. You might hear these referred to as “ex-parte” orders, but that just means that the perpetrator isn’t present when they are issued.
For a final order, there needs to be a hearing with both the survivor and perpetrator. Here, they will both be asked to provide evidence. These orders can last between 180 days and a year, but the survivor can ask for it to be extended if they are still in danger.