Q) What information about my abuser is necessary to begin the order of protection
process?

A) It is necessary to have the first and last name of your abuser, the abuser’s date of birth or social security number, and a physical address for your abuser.

Q) Is the order of protection completely effective once the judge grants the order?

A) No. The order of protection is not effective until the respondent has been hand
served with a copy of the order of protection by a process server or in open court.

Q) Am I required to have an attorney in order to obtain an order of protection?

A) No. Petitioners are not required to have an attorney in order to obtain an order of
protection. In fact, almost 90% of the individuals seeking an order of protection do so on their own behalf (pro se). However, if there are issues of divorce, child custody, visitation, property, or support, you may need to be represented by an attorney. Also, if the respondent is represented by an attorney you may want to strongly consider retaining an attorney.

Q) How much will it cost me to obtain an order of protection?

A) All services provided through the Domestic Violence Advocacy Unit are free. Also,
there is no cost involved with filing the order of protection. The only costs that could be incurred as a result of filing/obtaining an order of protection would be attorney’s fees if represented by counsel.

Q) Will the respondent get in any criminal trouble if I file for an order of
protection?

A) The order of protection is a civil process. Initiating the order of protection will not
result in any criminal sanctions against the respondent. However, if the respondent
violates the order of protection, the result could be criminal charges.

Q) How can the order of protection protect me? Isn’t the order of protection “just a
piece of paper”.

A) Yes, the order of protection is a piece of paper. However, you are protected when you
enforce your order of protection by reporting violations of your order to the police.
Certain violations can result in the arrest of the respondent and can carry possible
misdemeanor or felony charges.

Q) Once I have my order of protection can I change the order or dismiss the order?

A) Yes. A motion to modify can be completed at any point during the duration of the
order of protection to change information in the original order. Also, though not
encouraged, you may dismiss the order of protection by filing a motion to dismiss. In
both situation the modification or dismissal must be granted by a judge.

Q) What can I do if my order of protection is going to expire and I still do not feel
safe.

A) You can file a motion to extend to have your order of protection extended for an
additional two years. You must file this motion at least 30 days before the
expiration of your order.