Orders of protection to day are freely obtainable from the court. There is no need to have
an attorney bring a petition before the court for an order of protection,,
since the "intake clerks" in each court will interview you,
and based upon your story, will prepare the petition and take you before
a judge. Normally a temporary order of protection will be granted that
will provide a prohibition against offensive behavior. Obtaining an order
to exclude someone from the house is normally not granted without a hearing.
If the cicumstances are severe, there may be instances where a temporary
stay away order may be issued, but this is a rare instance. Normally,
your spouse must be served, given the opportunity to obtain an attorney
and conduct a hearing where witnesses will be called and the judge will
decide issues of credibility and fault.
Remember, if a temporary order is granted and your spouse violates the
provisions, a call to a police officer will result in an arrest for a
violation of the court order.