Restraining Orders / Order of Protection
The primary duty of a law enforcement officer when responding to a domestic
abuse incident is to enforce the laws allegedly violated and to protect the abused
person if facts are found which substantiate the complaint.
Restraining Orders are civil orders granted by a Magistrate Judge to non-household
members; grants only restraint of the parties.
Orders of Protection (OPs)
Obtaining an Order of Protection
A person may petition the court for an order of protection for his or her own protection or the protection of minor household members from the abuse of another household
member. Allegations of “abuse” which must be alleged by the household member may
“Household members” for purposes of this act are spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited.
The law states that the clerk of court must provide simplified forms, which will facilitate
the preparation and filing of a petition under this section by any person not represented
by counsel. The clerk of court may not charge a fee for filing the petition for an order of
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