Protective Orders
Project: Safe provides trained advocates who assist with filing protective orders in both Pottawatomie and Lincoln Counties. A protective order can only be filed in the county where the incident(s) occurred. For questions, please contact our office.
1
What is a "Protective Order?"
A protective order is an order of the court on behalf of a victim of domestic abuse, sexual assault, stalking or harassment. The order directs the abuser to stop abusing, harassing or threatening the victim.
2
Common Legal Terms Used in the PO Process
PETITIONER - The individual who initiates an action requesting something; for example, someone who starts a lawsuit or petitions a higher court on appeal.
DEFENDANT - The individual against whom charges are filed. In some states the defendant is called the respondent.
FELONY - A serious crime usually punishable by a prison term of more than one year or in some cases, by death.
MISDEMEANOR - A crime less serious than a felony, punishable by no more than one year in jail.
EX PARTE - Ex parte refers to a motion or petition by or for more than one party. An ex parte judicial proceeding is when the opposing party has not received notice or is not present.
ALLEGATION - A statement by a party in a pleading describing what the party's position is and what that party intends to prove.
PRO BONO - Latin, "for the public," which occurs when lawyers perform legal services for free to help individuals with legal problems and limited to no funds.
3
Who Qualifies?
Protective orders (PO) are available to people who have been physically abused, stalked or threatened with imminent physical harm by a family or household member. This includes spouses, ex-spouses, present spouses of ex-spouses, parent, children, persons related by blood or marriage, people who live together or used to live together, and people who are the biological parents of a child.
You may also apply for a PO if you have been stalked or harassed by someone who is not a family or household member. Stalking means that a person is willfully, maliciously and repeatedly following you which causes you to feel frightened, intimidated, threatened, harassed or molested. Harassment means that someone is doing something to you or someone in your family that causes you distress. Particular language applies to these cases based on state statute. Contact our office for questions you may have regarding stalking and harassment filings.
If you are filing for a stalking protective order against a non-family/household member or dating partner, you must first file a complaint against the stalker with law enforcement and then provide a copy of the complaint at a hearing.
4
How to File
To obtain a protective order, you will need to complete a petition that is available at the courthouse or at Project: SAFE. If you are seeking a tribal Protective Order, you may call the court or the tribal domestic violence agency.
-
You have three options of which county to file the order: where the abuse occurred, where you currently reside or where the abuser currently resides.
-
You do not need an attorney and there is no fee to file a petition.
-
The petition will ask about the abuse and threats, so details including the dates, times and locations of the abuse are needed. Any proof of the abuse can also be helpful.
-
If your children have been threatened or abused, you can also file a petition for them. Please contact our office for more assistance if you intend on filing for your children.
-
You must write down only true statements, because you will have to swear or sign that they are true.
-
Bring addresses where he or she can be found, a description of the individual and information about his or her vehicle. IF THE PETITION IS NOT SERVED THEN IT IS NOT IN EFFECT.
-
You may request for an emergency ex parte order if you are in immediate and present danger of abuse. If the danger is not immediate you can wait for a regular court hearing.
Common Questions:
Ex Parte Protective Orders
If the abusive situation is an emergency - that is, if there an immediate and present danger of abuse - you can ask for an emergency ex parte order which is obtained quickly and without the defendant being present at the hearing before the judge. The judge will then decide whether to give you a temporary emergency order of protection. If an order is granted you will get a copy to be kept with you at all times. A law enforcement officer will serve (deliver) a copy of the order to the defendant, along with a summons for the defendant to appear in court at the full order hearing. The order is not in effect until it is served to the defendant, that is, until he or she is notified.
Will my abuser be there?
Yes, the order must be served in order for it to take effect. A hearing will be scheduled in which the petitioner and defendant must attend to present their case. The defendant will have the chance to present their side, including witnesses, and once both sides have been given their opportunity to complete their side of the case the judge will make a ruling.
How long does it last?
A judge will make the determination on the order which can be granted typically for 3 or 5 years at the judge's discretion.
When is it in effect?
Whether an ex parte order is granted, denied, or not requested, a full hearing will be scheduled. At that time, both you and the defendant appear before a judge, who hears evidence and decides whether or not to issue a final protective order.
Only when the defendant is served IN PERSON does the order take effect. Exceptions include emergency temporary orders or ex parte protective orders.
Statute
