Safety is a matter of timing.

Getting an Order for Protection

An order for protection is obtained through the Domestic Relations office in the County Courthouse. Weekdays, during normal business hours you can go there.

ON WEEKENDS, CALL C.A.R.E. at 475-6465 or 627-6000 We will arrange a time with the Domestic Relations Clerk.

The domestic violence statute identifies those living together as a family, or who have a child in common, as eligible for protection. This could be two people living together, a married couple, or two people who have never lived together but who have a child in common.

An order for protection has a number of parts to consider when you complete it. It will have an order for "No Violence." There is a section for "No Contact" and that means no contact - not by phone, fax, email, in person or through a friend or family member.

If you are planning to stay in the primary residence, even if only temporarily, there is an area to request "exclusive use of the home" If you don't take this, you're the one that better have a place to stay.

If there are children, temporary custody will be awarded. The no contact will extend to them until a hearing is held. That means there will be no visiting with the other parent until after the hearing.

You will have to file a financial affadavit (the other party will do this at the time of the hearing), if there are children, so temporary child suppport can be ordered. If you are asking for support money, you will also have to complete a financial affadavit.

An order for protection is issued to protect against any further violence, or where the individual is in fear of her/his life. There is a portion of the order where you describe what happened, why you need the order for protection . The Judge is going to read this to determine if the order should be granted -- you aren't going to see the judge at this point -- so it's important that you be as clear as possible about what happened.

After you have completed the request for the order, you will be placed under oath to affirm what you said. Then it goes to the Judge. After it is signed, it still has to be served to the other party before it takes effect. This can be a dangerous time. If you feel you need emergency shelter during this process call C.A.R.E. at 475-6465 in Englewood, or 627-6000 so it can be arranged.

This order is temporary, for 15 days and a hearing will be set up at the time. It is at this hearing, in front of the judge, that it can be made permanent. You will have several choices: continue the petition, modify it, or dissolve it. Temporary child support will be set up (unless there is already such an order in place) and visitation. If you want the visits supervised, tell the judge at the hearing, as well as who will do the supervising.

Remember, the other person will be at the hearing as well. There will also be a representative (or 2 or 3) from C.A.R.E. to help you through it.

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