There are two types of protective orders - protective orders and peace orders. Protective orders are for individuals in intimate relationships, while peace orders can be filed against anyone causing problems. Both orders require the offender to stay away and have no contact. To get an order, one files a petition identifying the need for protection and the prohibited acts of the offender. If approved, a temporary order is issued and a final hearing held within a week to determine if a long-term protective order will be granted for up to a year. Protective orders are intended to provide safety for victims of harassment, threats, abuse or stalking.

1. Protective Orders
What is a protective order?
There are 2 types of protective/restraining orders; (1) Protective Order and (2) Peace Order. You can only qualify for
either a protective or peace order.
A Protective Order also known as a “civil protection, restraining order or stay away order”, is a court order that usually
requires the offender (typically your abusive spouse or intimate partner) to stay away, have no contact, and not to
commit any criminal offenses against you.
A Peace Order is a form of a legal protection for anyone who is experiencing problems with an individual, including
someone in a dating relationship, a neighbor, a stranger, or anyone else. You do not need to have an intimate
relationship with the individual you are seeking a peace order against.
Both a protective and peace order enables you, as the victim who wishes to be left alone, to ask the Court to order the
offender to stay away and refrain from any contact with you.1
What a Protective or Peace Order Will Do for You
Protective and peace orders are intended to provide protection for you and other individuals named in the order. Once
you get a protective order please make time to review and know your rights in your final protective and/or peace order.
With a protective order the offender may be ordered to:
 Stop threatening or committing abuse towards you
 Stay away from your home, place of employment and/or school
 Have no contact with you and/or requested other individuals
 Award you temporary use of possession of a shared home
 Award you temporary custody of your children
 Award you temporary financial support
 Require the offender to surrender all firearms and refrain from possession of firearms for the duration of the order
Do you need a Protective Order?
If you are questioning whether you may need a protective order, here are some questions to ask yourself:
 Am I being harassed?
 Am I being threatened?
 Do I feel that my life may be in danger?
 Am I being abused physically, emotionally or mentally?
 Am I being stalked?
 Am I asking the offender to leave me alone but they won’t?
 Am I withdrawing from my family and friends in fear of what the offender may do next?
 Am I embarrassed to tell my family and friends what is happening?
 Do I want the offender’s behavior and actions to stop?
If you answered yes to any of the above questions you may want to get a protective order as soon as possible for your
safety and for the safety of those around you.
How do I Get a Protective Order?
1 The People’s Law Library:http://www.peoples-law.org/peace-orders

2. If you are seeking protection and filing the petition you will be identified as the “petitioner”. The individual you are filing
the petition against the “offender” and that has committed prohibited acts in which you are seeking protection from is
identified as the “respondent”. For more information and terminology on protective and peace orders please visit:
Terminology on Protective Orders [http://www.peoples-law.org/protective-orders]. Below is a set of guidelines and
checklist to help you file a protective order.2
Step One: Identify whether you need a Protective or Peace Order
Please review the following checklist to see whether you qualify for a protective order:
 I am the current or former spouse of the respondent (offender)
 I have had sexual relationship with the respondent and have resided with the respondent in the home for a period
of at least 90 days within the last year
 I am related to the respondent by blood, marriage, or adoption
 I am the parent, stepparent, child or stepchild of the respondent, and I have resided with the respondent for 90
days over the past year
 I have a child common with the respondent
If you replied “yes” to any of the above items on the checklist you can file for a protective order. If you replied “no” to all
of the items on the checklist you will likely file for a peace order.
*If you are filing a petition for a minor child, you may be eligible for a protective order if any of the following apply to the
minor child:
 The minor child is the current or former spouse of the respondent
 The minor child has had a sexual relationship with the respondent and has resided with the respondent in the
home for a period of at least 90 days within the last year
 The minor child is related to the respondent by blood, marriage, or adoption
 The minor child has a child in common with the respondent
Now that you have identified whether you will be obtaining a protective or peace order please proceed to step two (2).
Step 2: Finding a Location near you to file a Protective Order
Once you have determined whether you qualify for either a protective or peace order you have the right to file at either
District or Circuit Court. If the clerk’s office is open, you can file with a Circuit or District Court clerk. If the clerk ’s office is
closed, you can file the petition with the District Court’s Commissioner.
Please visit: Court Locater [http://www.uscourts.gov/] in order to find the nearest Court located near you as well as the
Court’s contact information.
Step 3: When to File a Protective or Peace Order
Now that you have determined whether you qualify for either a protective or peace order and located a Court near you, to
file a protective order you must now prove that one of the following acts occurred during your scheduled hearing. You will
be asked to explain why you are seeking a protective order during any hearing phase for a protective order. Below are
some examples that you may want to use to help you explain why you are seeking a protective order during your hearing:
 An act that caused you seriously bodily harm
 An act that placed you in fear of imminent bodily harm
 Assaulted you in any degree
 Committed rape or any sexual offense towards you
 Attempted rape or sexual offense towards you
 False imprisonment (trapped you in any form against your will)
2 WomensLaw.org, Civil Protection Orders: http://www.womenslaw.org/laws_state_type.php?id=10741&state_code=DC

3.  Has been stalking you
 Criminal harassment by harassing you in any form*
 Criminal trespassing by trespassing on your property*
 Malicious destruction of property by destroying any of your property*
The “acts” with an asterisk (*) are only covered by a peace order
Step 5: Appear for a Temporary Hearing
You will be notified about your hearing with a judge when seeking a protection order. When you appear before a judge,
you will be required to answer questions under oath. If the judge believes that the offender committed the acts alleged in
the petition a temporary protected order is granted to you. The order goes into immediate effect once a law enforcement
officer serves the offender with the protection order. The temporary protection order usually lasts up to seven (7) days
unless extended by a judge.
Step 6: Appear for Final Hearing
Once the temporary protective or peace order is served to the offender a final hearing is scheduled usually within seven
(7) days following. At the final hearing both the petitioner and respondent are to be present and are able to provide
evidence and their side of the story. However, if the offender fails to appear in Court for the final hearing the judge may
still grant a final protective order. The judge may grant a final protective order based on sufficient evidence that the
offender committed the alleged act(s) against you. Instead of going on trial, the offender may just agree to the entry of a
final order which will just allow you to just receive a protective order without a hearing.
Duration of a Final Protective Order
A final protective order: (a) may be in effect for as long as one 1 year, and the Court for good cause may extend the
term of the final protective order for an additional 6 months after a following hearing; or (b) may be extended for a period
of not to extend 2 years, if a judge finds that the offender has failed to comply with the final protective order.
A final peace order may last up to 6 months and can be extended for an additional 6 months for good cause, after notice
to parties and hearing.
Tips for enforcing a protective order:
 Keep a copy of your protective order with you at all time
 Keep the original copy of your protective order somewhere safe
 Make sure to review and fully understand your protective order
 If you have children make a copy for your child’s school
 If you would like any changes to your protective order please visit a clerk at a Court near you
 Please read “Enforcement of Protective Orders” by the U.S. Department of Justice for a better understanding on
how to enforce your protective order at:
https://www.ncjrs.gov/ovc_archives/bulletins/legalseries/bulletin4/ncj189190.pdf.