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Frequently Asked Questions (F.A.Q.’s)

What exactly is an Order of Protection? 
An Order of Protection is a court order signed by a judge forbidding the violent party from continuing the abuse. It includes 17 “remedies” that the victim can choose from to best fit their personal situation. The remedies are divided into sections, including personal remedies, remedies involving property, remedies involving children, economic and firearm remedies. There are three important parts to any Order of Protection: THE PETITION- The first part of the order that includes a statement, written by the victim, describing the most recent abusive incident and any past abuse. The judge reads the petition before entering the courtroom to get an idea of why the victim is filing for an Order of Protection. THE EMERGENCY ORDER OF PROTECTION- This is filled out after the petition and includes all of the same information, except the victim’s written statement. An emergency order is usually granted for 1-3 weeks and a new court date is set for the plenary hearing. During this time, the victim is protected from further abuse while the abuser is informed of the proceedings and hearing date and time. THE PLENARY ORDER OF PROTECTION- This is the final order and can last for up to 1 year. It contains the same information as the emergency order.

Who is eligible for an Order of Protection?
To obtain an Order of Protection there must be a relationship between the parties. The victim of abuse must have a “family or household relationship” with the person who is abusing him or her. Examples of a relationship include: · Anyone related by blood or by present or prior marriage · Anyone who shares or has shared a common household · Anyone who has a child in common · Anyone who shares a blood relationship through a child · Anyone who is now or has ever been in a dating relationship · Anyone with a disability who seeks protection from his or her caregiver Individuals can also file for an Order of Protection on behalf of someone who cannot. This may include a minor child or an adult who is unable to file due to age, health, disability or inaccessibility. In addition to the petitioner, an Order of Protection can protect anyone who lives in the petitioner’s household, any minor child or dependent adult in the petitioner’s care and persons employed at the residence.

How do I get an Order of Protection? 
Just call our office to speak with the Legal Advocate! Other options include hiring a private attorney or doing the order yourself.

How much will it cost me? 
If you choose to go through the CHOICES office, it won’t cost you anything! All of our services are FREE and confidential. If you choose to hire an attorney, the cost will vary depending on the attorney.

How long does it take to get an Order of Protection?
If you are a new client, the process can take anywhere from 1 ½ to 2 hours. If you have been to CHOICES before, the time will be significantly shorter. Of course, each situation is different and depends on the individual.

How long does the order last? 
If granted, the Emergency Order of Protection can last from 1-3 weeks. The plenary order can be granted for any period of time up to 2 years. At the end of that time, you can ask the judge for an extension of the order for a specified period of time if you feel the order is still necessary for your protection and safety.

What do I do if the order is violated? 
CALL THE POLICE! When the police arrive at the scene, show them your copy of the order and ask them to make a written report of the incident. Get a copy of the report for yourself if possible and make sure to get the name of the officers, as well as their badge numbers. Also, make sure you document every time the order is violated. This may include writing down the date and time the abuser contacts you by phone, email, in person, or through a third party. Be sure to save all harassing phone and email messages.

What happens to the person who violates the order? 
If the police are called, the abuser can be arrested. If the abuser is not arrested, ask the police to at least write out a Police Report. Then, contact the Legal Advocate at CHOICES or your attorney to inform them of the incident.

Is an Order of Protection enforceable in all states? 
Yes. Under the federal Violence Against Women Act (VAWA), all states must give full faith and credit to valid orders of protection issued in other states. Full faith and credit means that a valid order of protection is enforceable where it is issued and in all 50 states, Indian tribal lands, the District of Columbia, the Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands and Guam. If you need help getting your order enforced in a state other than where it was entered, you can contact the Full Faith and Credit Project at 1-800-256-5883.

***ALL POTENTIAL CLIENTS MUST FILL OUT A SHORT ASSESSMENT FORM BEFORE RECEIVING ANY SERVICES!***