Peace and Protective Orders

Protective Orders Peace Orders

Protective Orders

  • Individuals can apply for a Protective Order against a current or former spouse, a person related by blood, a person living with them, or a person with whom they have had a sexual relationship with in the past year. 

  • A Protective Order can be granted if the court finds that there was an act of abuse, such as assault, rape, a sexual offense, false imprisonment, or stalking.  If the court issues a Protective Order, it is effective for a period of one year. 

Peace Orders

  • Individuals can apply for a Peace Order against people with whom they are not married or divorced from, related by blood, living with, or in a sexual relationship with if any of the following has occurred in the past 30 days - assault, rape, a sexual offense, false imprisonment, harassment, stalking, trespass, malicious destruction of property, misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, revenge porn, or visual surveillance.  

  • A Peace Order can be issued for up to six months. 

Purpose

  • Both Protective Orders and Peace Orders serve the purpose of having a court order the offending individual from abusing them, contacting them, entering their residence, coming to their place of employment, along with various other restrictions the court has at its disposal.  If the Order is violated, the offending party is subject to criminal charges and jail time. 

  • If a Protective Order is sought and the parties live together with their children, the court can order one person to leave the marital home, determine custody and visitation, establish emergency family maintenance (child support), and give one party possession of jointly owned vehicles and pets. 

 

If you would like to file a Petition for a Protective Order or Peace Order, or if you have been served with a Protective Order or Peace Order by the Sheriff's office, please contact me immediately at 240-476-8168.