Orders of Protection

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.