Order of Protection/ Ex-Parte/ Restraining Order
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An Order of Protection is a document issued by a court and signed by a judge to help protect you from harassment or abuse. In an Order of Protection, a judge can set limits on your partner's behavior. Among other things, a judge can:
Order your partner to stop abusing you and your children
Tell your partner to leave and stay away from your home, your workplace, and your family
Direct your partner to have no contact with you—including no phone calls, letters, emails, or messages through other people
Order your partner to stay away from the children, their babysitter, daycare, or school
Decide issues related to custody, visitation, and child support
Order the abuser to pay for expenses related to the abuse such as medical care and property damage
Decide on the division of certain kinds of personal property
Require or recommend that your partner attend a program for batterers
There is no fee to get an Order of Protection and it can last for up to one year and can be renewed. Once an order is issued, only a judge can change it. If the order includes a stay-away provision and your partner comes to your house, he or she is violating the order and can be arrested. If you want changes to an order, you must request them from the court.
HOW CAN AN ORDER OF PROTECTION HELP? While an Order of Protection cannot guarantee your safety, there are ways it may be of help:
Police are likely to take your calls more seriously if you have an Order of Protection
Your partner can be arrested if he or she violates an Order of Protection
If you have left your home, an Order of Protection can make it easier for you to get the police to go with you to get your personal belongings
If you are being stalked or harassed at work, an Order of Protection can protect you at your job
An Order of Protection can establish who has custody of minor children you and your partner have in common
WHO CAN GET AN ORDER OF PROTECTION? You can get an Order of Protection if you are 17 years of age or older and have been abused by a spouse, former spouse, an adult you live with or have lived with in the past, an adult you have been in an intimate or dating relationship with, someone who is stalking you or someone with whom you have children even if you are not married or living together.
Filing an order of protection: You can file an order of protection 24 hours a day against the person who is abusing you.
You do not need an attorney.
You do need an accurate residence or employer address for the person who assaulted you.
You do need to bring a picture of your abuser if possible.
You do need a description of the abuser's car.
You are not required to pay an advanced filing fee in order to file. The court will decide at the end of the full order hearing.
The Boone County Circuit Clerk's office 705 E. Walnut (located at Courthouse) provides orders of protection during business hours: Monday - Friday, 8:00 AM to 5:00 PM. True North (875-1369) offers emergency orders of protection when the Clerk's office is closed. An advocate is available to assist you in filling out an order of protection.
Important Information about where to file: Please note that if the abuser lives in a different county than you, and you file in the county of your residence, it may take longer for the ex parte or child order of protection to be served. If you file in the county in which the abuser resides it may take less time for them to be served but you will have to travel to that county to attend all court dates and appointments.
IF YOUR ABUSER VIOLATES AN ORDER OF PROTECTION, YOU SHOULD CALL THE POLICE (911).