Protective Orders laws

Protective orders are typically used in domestic disputes to ban one party from contact with another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim. Protective orders are usually temporary measures that the court uses in order to remedy suspected destructive activity while the parties gather and present evidence showing that a more permanent remedy is required. Protective orders may sometimes be granted ex parte, that is without the presence of the party being effected, but only when there is substantial evidence that the party applying for the order is under an imminent threat of injury or when there is good evidence that an order of the court will be violated.

Protective orders have a wide range of temporary duration. Typically, they last for one year with extensions possible under certain particular circumstances. Six states allow imposition of protective orders for up to three years, and three other states limit them to just 90 days. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one year sentence and a $1,000 fine, eight states require mandatory jail time for violating a protective order.

Virtually all states require transmission of protective orders to local law enforcement agencies. Twelve states require transmission within 48 hours. A few states have set up state-wide registries or information systems that keep track of protective orders that are presently in effect. Utilization of technology, such as the internet, and wide area networks, permit easy access to statewide registries. In Iowa, for example, it is required to get certified copies of protective orders into the hands of law enforcement agencies within six hours of issuance.

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
ALABAMA
30-5-1, et al seq.	Enjoining contacts of abuse; harassing communication; excluding party from dwelling, school or place of employment; regarding minors: award temporary custody and establish visitations as well as temporary support; enjoin defendant from interfering; direct law enforcement to accompany plaintiff to residences to protect from abuse	Up to 1 year, can be amended at any time upon verified petition by either party	Willful violation: Class A misdemeanor, fine not to exceed $2,000 and/or jail up to 1 year; 2nd conviction: 30 days unsuspended jail sentence, and 1/3 incarceration costs and fine; 3rd or subsequent: 120 days unsuspended jail sentence and 1/3 incarceration costs and fine; 2nd conviction: in addition to permissible fine, minimum of 48 hours continuous imprisonment which may not be suspended; 3rd or subsequent conviction: minimum sentence of 30 days imprisonment, can't be suspended.	An adult for themselves or another person prevented by physical or mental incapacities or on behalf of minor children	If petitioner can show they have inadequate funds	Copy issued to law enforcement officials with jurisdiction to enforce the order or agreement	Civil contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
ALASKA
repealed 18.66.100-18.66.180	Enjoining contacts of domestic violence, communication or entering a propelled vehicle occupied by or possessed by party; excluding party from dwelling, award temporary custody; prohibit respondent from using or possessing weapons; request peace officer accompany petitioner; award custody; prohibit respondent from consuming controlled substances; pay costs	Until further order of court for threats and acts of domestic violence 6 months for other acts	Possible misdemeanor, up to 1 year in jail, up to $5,000 fine	Adult or minor through guardian ad litem or attorney	On the basis of indigency. No filing fees	Copy of order transmitted to appropriate local law enforcement agency
ARIZONA
13-3602	Enjoined from committing acts of domestic violence; excluded from dwelling, place of employment, school; participation in domestic violence counseling; prohibition from possession of a firearm	1 year; a modified order expires 1 yr. after service and the initial order and petition	Arrest and prosecution for the crime of interfering with judicial proceeding and any other crime committed in disobeying the order	Person or other if person is either temporarily or permanently unable to request an order; if minor, legal guardian	May be waived under any rule, statute or other law applicable to civil actions; no requirements of community service as a condition of fee waiver.	Within 24 hours after acceptance of service or affidavit has been returned; copies sent to sheriff's office in the county in which plaintiff resides	Civil contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
ARKANSAS
9-15-201, et. al seq.	Exclude from dwelling, place of business or employment, school; award temporary support and custody; establish visitation; enforce costs; prevent direct or indirect contact	Minimum 90 days, maximum 2yrs.; may be renewed. Temporary order: maximum 30 days	Class A misdemeanor: maximum penalty 1 year imprisonment in county jail or maximum fine of $1,000 or both	Family or household member or on behalf of a family or household member who is a minor or adjudicated incompetent	Yes	Copy issued to law enforcement officer with jurisdiction to accompany petitioner in possession of dwelling or otherwise assist in service of order	Civil contempt
CALIFORNIA
Family Code 6240, et seq.; 6320, et seq.; Penal 273.6	Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof	Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order	1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment	Spouse, cohabitant, fiancé/fiancée, parent of one's child, blood relations.		By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
COLORADO
14-4-101, et seq.; 18-6-803.5	Enjoin contact; exclude party from dwelling or dwelling of another; regarding minor child: temporary custody; Emergency order: restrain from threatening, molesting, injuring, or contacting another or minor children of either; excluding from dwelling, if minor child, temporary custody	Emergency: maximum close of business on 3rd day following issue, unless continued	Class 2 misdemeanor unless prior conviction under § or other restraining order: Class 1 misdemeanor		No	Law enforcement agency with jurisdiction to enforce the order	Contempt of court
CONNECTICUT
46b-15, et seq.	Regarding minor children: temporary custody, visitation; enjoin contact; exclude from dwelling of family or of applicant; threatening, harassing assaulting, molesting sexual assault	6 months unless extended	Criminal trespass: in 1st degree, for entering or remaining in dwelling. Maximum penalty up to 1 year in jail or up to $2,000 or both	Family or household member subjected to a continuous threat of physical pain or injury; person in a dating relationship who is subjected to continuous threat of physical injury		Yes; immediately; appropriate law enforcement agency within 48 hours of issuance if employed in another town	Contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
DELAWARE
Tit. 10 § 1041, et seq.	Enjoin contact; exclude from dwelling; regarding minor children: temporary custody, visitations, support; prohibit use/possession of firearms or disposal of property; award monetary compensation to petitioner; counseling; restrain from committing acts of domestic violence	Ex parte order: maximum 30 days. General order: maximum 1 year unless extended	Class A misdemeanor and imprisonment or fine or both	Member of a protected class on behalf of self and their minor child or an infirm adult		Order entered into Delaware Justice Information system on or before the next business day; copy sent to Delaware law enforcement agency where petitioner resides and/or where abuse received	Contempt
DISTRICT OF COLUMBIA
16-1001, et seq.	Enjoin contact; order counseling; exclude from dwelling and possession of other personal property; regarding minor children: temporary custody, visitations award court costs and attorney fees to petitioner	Temporary protective order: maximum 14 days. General protective order: maximum 1 year unless extended	Misdemeanor: fine, maximum $1,000 and/or imprisonment: maximum 180 days	Any person or agency		Metropolitan police department	Contempt
FLORIDA
741.30 & 31	Exclude from dwelling; enjoin contact; regarding minor children: grant temporary custody visitations, temporary support; counseling; restrain from committing any acts of domestic violence	Ex parte temporary: maximum 15 days. General protective order: maximum 1 year, can reapply but maximum an additional year each time	Misdemeanor in 1st degree	Any family or household member who is a victim of domestic violence or one who has reasonable cause to believe he or she is about to become victim	Yes	Within 24 hours of issuance	Civil contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
GEORGIA
19-13-1, et seq.	Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody, visitations, support and attorney's fees, counseling; provide suitable alternate housing for petitioner and minor children; provide for possession of personal property	Maximum 6 months; temporary order may be converted to permanent order	Misdemeanor	Person who isn't a minor on behalf of self or a minor		Sheriff of the county where order was entered	Contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
HAWAII
586-1, et seq.	Enjoin contact; exclude from dwelling and petitioner's work; regarding minor children: grant temporary visitation, counseling	Temporary restraining order: maximum 90 days; protective order: maximum 3 years	Violation of temporary restraining order: Misdemeanor: required counseling and if 1st conviction, mandatory minimum jail 48 hours and fine of no less than $150 nor more than $500; 2nd conviction mandatory minimum 30 days jail and fine of no less than $250 nor more than $1,000, otherwise mandatory minimum 48 hours; court may waive if 2nd was for nondomestic abuse and 1st conviction was for domestic abuse. Violation of protective order: 1st conviction, mandatory minimum jail 48 hours and up to $150 fine if non-domestic and $150-500 if domestic abuse; 2nd conviction domestic, mandatory minimum 30 days and $250-1,000 fine. Subsequent violations: after 2nd conviction for violation of same order, mandatory minimum 30 days jail and $250-1,000 fine	Any family or household member on behalf of self, a minor member or one who is incapacitated or physically unable to file petition, or any state agency on behalf of minor, incapacitated or unable member		Within 24 hours to county police department

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
IDAHO
39-6301, et seq.	Enjoin contact; exclude from dwelling; regarding minor children: grant temporary custody; pay court cost's and attorney's fees; counseling	Maximum 3 months unless renewed, maximum 1 year. Ex parte temporary protective order: maximum 14 days, can be reissued	Misdemeanor: maximum 1 year jail and fine, maximum $5,000	Family or household member, even if person has left dwelling to avoid abuse. Custodial or noncustodial parent or guardian may file for minor.	Yes, court may order respondent to reimburse petitioner court fees	On or before next judicial day
ILLINOIS
Ch. 750 §60/201, et seq.	Prohibition of abuse, neglect, or exploitation; exclude from dwelling, counseling; regarding minor children: grant temporary custody, visitations, support; possession of personal property; prohibition from firearm possession; prohibition of access to records	Emergency: minimum 14 to maximum 21 days. Interim: 30 days. Plenary: maximum 2 years. All orders can be extended.	If knowing violation: class A misdemeanor. If violating order concerning minors: Class 4 felony. If willful violation: contempt of court; may include jail, restitution, fines, attorney's fees and costs, or community service. Court encouraged to follow these guidelines: 1st violation: minimum 24 hours jail; 2nd or subsequent violation: minimum 48 hours jail	A person who has been abused by a family or household member, or by any person on behalf of minor child or adult who cannot file due to age, health, disability, or inaccessibility	Yes; no fees for filing petitions or certifying orders.	Certified copy filed with sheriff or other law enforcement official same day order is issued	Contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
INDIANA
34-26-5-1, et seq.	Enjoin contact; exclude from dwelling; regarding minor children: support, custody, maintenance, counseling; refrain from disturbing peace of petitioner; refrain from damaging petitioner's property; order possession of property; pay attorney fees	Emergency: 60 days maximum. General: maximum 1 year, may be extended, maximum 1 additional year	Confinement in jail, prison, and/or fine	Person or member of the petitioner's household	Yes, but may collect from party against whom the order is sought if court finds issue meritorious	Transmit by the end of the same business day a copy to each law enforcement agency designated by petitioner. Some orders must be entered into Indiana Data and Communication System (IDACS)
IOWA
236.1, et seq.	Counseling; enjoin contact; exclude from dwelling, school, or work; regarding minor children: temporary custody, visitations, support, maintenance	Maximum 1 year. Emergency: maximum 72 hours; may then seek temporary order.	Simple misdemeanor, contempt: required jail sentence; if no contact order: county jail minimum 7 days, a fine may be imposed, attorney's fees, court costs	Person seeking relief from domestic abuse on behalf of self or unemanicpated minor	Yes	Certified copy to county sheriff within 6 hours of filing of the order	Contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
KANSAS
60-3101, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; provide suitable alternate housing; attorney fees	Emergency: until 5PM on first day that court resumes business. Support order: maximum 1 year, may be extended for 1 year maximum. General: maximum 1 year, may be extended for 1 year maximum	Violation of enjoining contact: assault or battery; violation of exclusion from dwelling: criminal trespass	A person or minor child through a parent or adult residing with the child; cannot apply more than twice a year except in the case of abuse of a minor.	Yes	Copy to police department of petitioner's residential city or to sheriff of the petitioner's residential county if no residential city	Contempt of court
KENTUCKY
403.715 to .785 (domestic violence) 209.01 to .16 (Kentucky Adult Protective Act)	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling; restrain from disposing of or damaging property	Emergency: maximum 14 days, may be extended for 14 days. General: maximum 3 years, may be reissued for a year period, with unlimited reissues	Contempt of court: if intentional violation, Class A misdemeanor	Family member or unmarried couple member who is a resident or has fled to this state to escape domestic violation and abuse	Yes	Copy to appropriate law enforcement agency within 24 hours; copy to appropriate agency for entry of domestic violation records into Law Information Network of Kentucky	Contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
LOUISIANA
46:2131 to 2142	Enjoin contact; exclude from dwelling, school, work; regarding minors: temporary custody, counseling; awarding use of property	Maximum 6 months, may be extended	Contempt of court: imprisonment maximum 6 months and/or fine, maximum $500	Any parent; adult household member, parent or district attorney on behalf of minor or incompetent	Paid by perpetrator	Copy of Uniform Abuse Protection Order to chief law enforcement official of parish where protected persons reside, by end of next business day after filing; Louisiana Protective Order Registry no later than next business day.	Contempt of court
MAINE
15 §321, 19A§4001 et seq.	Enjoin contact; exclude from dwelling, school, or work; support regarding minors: temporary custody, visitations; counseling, court costs and attorney's fee; prohibition from possession of a firearm; order termination of a life insurance policy	Temporary: remains in effect pending service of final order. General: maximum 2 years, may be extended	Class D crime; if violation of order of support: contempt	Any abused family or household member; if minor, person responsible for the child or representative of Department of Human Services	Yes, may be waived	For temporary emergency or interim relief; copy to law enforcement agency as soon as possible. General: copy to law enforcement agency most likely to enforce order

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
MARYLAND
Family Law §4-501, et seq.	Enjoin contact; exclude from dwelling, work, or school; regarding minors: temporary custody, counseling, visitations, maintenance	Temporary: 7 days, may be extended, maximum 30 days. General: maximum 12 mos.	Contempt, criminal prosecution, imprisonment, or fine. If violate certain clauses: misdemeanor; first offense: up to $1,000 fine or 90 days jail or both; 2nd or subsequent: up to $2,500 fine or 1 yr. in prison or both	A household member or minor or vulnerable adult; state's attorney, department of social services, law enforcement officer, blood, marriage or adoptive relative, or adult household member	May be waived	Copy to appropriate law enforcement agency
MASSACHUSETTS
209A §1, et seq.; 208 §34C	Enjoin contact; exclude from dwelling (maximum 1 year, may be extended); regarding minors: temporary custody, support; suspend firearms license, monetary compensation, court may recommend batterer's treatment program; alcohol limitations	Maximum 1 year, may be extended	Fine: maximum $5,000 and/or jail, maximum 2.5 years and order appropriate treatment	A person suffering from abuse from an adult or minor family or household member.	Yes	Copy to appropriate law enforcement agency	Yes, civil contempt
MICHIGAN
600.2950 personal protection order & 2950a	Enjoin contact; exclude from premise, work; regarding minors: exclude from minor children, enjoin possession of firearms; deny access to information	Minimum 182 days unless modified	Civil or criminal contempt: jail, maximum 93 days and fined maximum $500	Household member, spouse/ex-spouse, parent of one's child, dating relationship.		Copy entered into law enforcement information network by law enforcement agency designated by court in order	Yes, for false statements made in court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
MINNESOTA
518B.01	Enjoin contact; exclude from dwelling, work; regarding minors: temporary custody, visitation, support; counseling; restitution; continue payment of joint insurance coverage; issue property limitations.	General: maximum 1 year, may be extended. Ex parte order: maximum 1 year	Misdemeanor: minimum 3 days jail and counseling. Gross misdemeanor if convicted under certain laws, within 5 years: minimum 10 days and counseling; court may order $10,000 bond or 5 yrs. imprisonment, or both if repeat violation likely or if possessing a dangerous weapon	Any family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minor's own behalf if court determines minor has sufficient maturity	Yes; respondent may be directed to pay them	Copy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicant	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
MISSISSIPPI
93-21-1, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support; restitution for monetary losses suffered as a result of abuse.	Temporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extended	Contempt of court: maximum 6 months jail and/or fine, maximum $1,000	Any parent, adult household member, or next friend on behalf of minors or incompetent	Yes, if court finds that abuse has been committed, abuser may be assessed fines.		Yes, contempt of court
MISSOURI
455.01, et seq.	Temporarily enjoin contact; temporarily exclude from dwelling; regarding minors: temporary custody, visitation, support, counseling; court costs	Full order: min. 180 days to 1 yr., may be renewed for same amount of time	Class A misdemeanor unless convicted of same within 5 years: Class D felony	Any adult who has been subject to abuse by present or former family or household member, or who has been the victim of stalking	Yes, court costs assessment determined by the court	Copy to local law enforcement agency in jurisdiction where petitioner resides; copy for entry into Missouri uniform law enforcement system	No
MONTANA
40-4-121 to 125; 40-15-101, et seq. Temporar y order during dissolutio n of marriage only; 45-5-626	Enjoin contact; exclude from dwelling, school, and employment of petitioner; counseling; regarding minors: enjoin contact; prohibition from possession of a firearm; during dissolution, includes temporary maintenance and support; limiting use of property	Temporary: maximum 20 days; during dissolution: maximum 1 year, may be modified	Fine: maximum $500 and/or jail maximum 6 months. If 2nd conviction: fine, minimum $200 and maximum $500 and/or jail, minimum 24 hours and maximum 6 months. If 3rd or subsequent offense: fine, minimum $500 and maximum $2,000 and jail, minimum 10 days and maximum 2 years	Victim or regarding minors: parent, guardian ad litem or other representative	May be if inability-topay-filingfees order form submitted	Copy mailed, within 24 hours of receiving proof of service, to the appropriate law enforcement agency

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
NEBRASKA
42-901, et seq.	Enjoin contact; exclude from dwelling or any other place specified by court; regarding minors; temporary custody	Maximum: 1 year unless modified	Class II misdemeanor if knowingly violated; Class I misdemeanor if violator has prior conviction for violating order; Class IV felony if violator has prior conviction for violating same order	Any victim of domestic abuse	Yes, in good faith	Copy to local police department, local law enforcement agent and local sheriff's office
NEVADA
33.017, et seq.	Enjoin contact; exclude from dwelling, school, or employment; regarding minors: temporary custody, visitations	Temporary order: maximum 30 days or until hearing. Extended order: 1 year	Misdemeanor or maximum penalty prescribed by law. If violation by violent physical act: fine $1,000 or community service 200 hours; jail, minimum 5 days, maximum 6 months; attorney and medical costs; counseling	Spouse, former spouse, blood or marital relative, parent of one's child, dating relation, minor	Court assesses against respondent at final disposition and can reduce or waive them	Copy by end of next business day to appropriate law enforcement agency with jurisdiction over residence, school, child care facility, or place of employment	Yes, contempt of court
NEW HAMPSHIRE
173B, et seq.	Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporary custody, visitations, support; counseling; court costs and attorney fees, relinquishment of weapons and firearms	Maximum: 1 year, may be extended	Willful violation: contempt of court; knowingly violation: Class A misdemeanor; subsequent violations will result in enhanced penalties	Any person; a minor petitioner need not be accompanied by a parent or guardian	Yes	Copy to department of safety and local law enforcement agency having jurisdiction to enforce the order	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
NEW JERSEY
2C: 25-17, et seq., 2c:29-9	Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation, support, custody, counseling: prohibit from possession of a firearm; reimburse petitioner's related expenses		Contempt: crime in 4th degree. If 2nd or subsequent domestic violation contempt offense: jail minimum 30 days	Any person claiming to be a victim of domestic violence		Copy to appropriate chiefs of police, members of state police, and other law enforcement agencies	Yes, contempt of court
NEW MEXICO
40-13-2, et seq., 31-19-1	Enjoin contact; exclude from dwelling; regarding minors: visitation, support	Emergency: 72 hrs.; maximum: 6 months, may be extended for 6 months	Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hours	Any victim of domestic abuse	Yes	Copy to local law enforcement agency	Yes, contempt of court
NEW YORK
Jud. Ct. Acts §§655, 656	Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation; counseling; reimburse reasonable expenses	Temporary order: 4 calendar days	Contempt	Any person		Copy to sheriff's office or police department in county or city in which petitioner resides	Yes, contempt of court
NORTH CAROLINA
50B-1, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; prohibit purchase of a firearm; court costs and attorney fees	1 year; may be renewed for an additional year	Class A1 misdemeanor	Any aggrieved party; a minor may be represented by a person who resides with or has custody	Yes	Copy to police department of city of victim's residence or sheriff of county police department where victim resides	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
NORTH DAKOTA
14-07.1, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; surrender of firearm; court costs and attorney fees; awarding use of personal property	Temporary: maximum 30 days	Class A misdemeanor and contempt of court. If 2nd or subsequent: Class C felony	Any family or household member or any other person where court finds relationship is sufficient to warrant issuance of domestic violation protective order	Yes	Copy transmitted by close of business to local law enforcement agency with jurisdiction over victim's residence	Yes, contempt of court
OHIO
3113.31	Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporarily allocate parental rights, visitations, support, counseling	Maximum 5 years, may be renewed; or upon court action for divorce	1st degree misdemeanor	Person, parent or adult household member on behalf of other family or household member	Yes	Copy to all law enforcement agencies with jurisdiction	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
OKLAHOMA
Tit. 22 §60.1, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, counseling; court costs and attorney fees	Temporary: until close of business on next day after order is issued. General: 3 yrs. max until modified or extended	Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: misdemeanor: jail minimum 10 days, maximum 1 year and/or fine minimum $1,000 and maximum $5,000. If causes physical injury or impairment: misdemeanor: jail minimum 20 days, maximum 1 year and/or fine maximum $5,000. If minor child convicted: counseling and community service hours	Victim or any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor who is 16 or 17	Yes, filing fee; court will assess fees against defendant at hearing. If petition for order was frivolous then fees may be assessed to plaintiff.	Within 24 hours of return of service, court will send copies to all appropriate law enforcement agencies designated by petitioner
OREGON
107.700, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, counseling, support	Temporary: 1 year restraining order, effective until expires or terminated by court	Contempt	Any person who has been the victim of abuse within preceding 180 days	Yes	Copy to county sheriff, and entered into Law Enforcement Data System	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
PENNSYLVANIA
Domestic Relations 23 §6102, et seq.	Enjoin contact; exclude from dwelling, school, employment, or defendant provide suitable alternate housing; regarding minors: temporary custody, visitations, support; relinquish weapons; pay reasonable losses suffered as a result of abuse	emergency: expires at end of next business day; General: maximum 18 mos., may be extended indefinitely	Indirect criminal contempt: jail maximum 6 months and/or fine minimum $100 and maximum $1,000	Adult or emancipated minor or any parent, adult household member, or guardian ad litem on behalf of minor or incompetent	Yes, if petitioner prevails; if not, court decides whether petitioner able to pay	Petitioner may register order without cost or fee in any county or a copy may be sent to the Pennsylvania State Police registry. Copy to police department with proper jurisdiction and copy to county registry of protection order	Yes, civil contempt
RHODE ISLAND
15-15-1, et seq., 12-29-5	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support	Support payments: maximum 90 days. General: maximum 3 years, may be extended. Temporary: maximum 21 days, maybe extended	Contempt of court. If defendant has actual notice of protective order: misdemeanor: jail maximum 1 year and/or fine maximum $1,000 and counseling	Any victim of domestic abuse	Yes	Copy forwarded immediately to law enforcement agency designated by petitioner	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
SOUTH CAROLINA
20-4-10, et seq.	Enjoin contact; exclude from dwelling, employment or school; regarding minors: temporary custody, visitations, support; court costs and attorney fees	Minimum 6 months, maximum 1 year, may be extended. Regarding minor protective order: maximum 60 days or until divorce or support or maintenance hearing	If 1st offense: jail 30 days or fine maximum $200. If contempt of court: jail maximum 1 year and/or fine maximum $1,500	Any household member on behalf of self or minor household members	Yes	Copy to local law enforcement agencies with jurisdiction over area where petitioner resides	Yes, contempt of court
SOUTH DAKOTA
25-10-1, et seq.	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling	Protective order: maximum 3 years. Temporary: 30 days	If knows of order: Class 1 misdemeanor. If assault occurs: Class 6 felony	Any family or household member	Yes, if affidavit filed	Copy to local law enforcement agency having jurisdiction over area where petitioner resides within 24 hours	Yes, contempt of court
TENNESSEE
36-3-601, et seq.	Enjoin contact; exclude from dwelling or provide suitable alternate housing; regarding minors: temporary custody, visitations, support; counseling	Protective order effective for 1 year, or court of divorce action modifies or dissolves it	Civil or criminal contempt: civil penalty of $50	Victim of abuse by present or former adult family or household member, if filed by a minor then a parent or guardian signature needed	Determined at hearing	Copy to local law enforcement agency with jurisdiction over area where petitioner resides	Yes, contempt of court

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
TEXAS
Family 71.01, et seq. Repealed; now Family 71.001 et seq.	Enjoin contact; exclude from dwelling, employment, school; regarding minors: enjoin contact, temporary custody, support; counseling; reasonable court costs and attorney fees; suspension of firearm license	Temporary: maximum 20 days, may be extended; General: maximum 2 yrs.	Fine, maximum $4,000 and/or jail, maximum 1 year. If family violence occurs, can be prosecuted for a misdemeanor or felony, carry jail minimum 2 years. Temporary: maximum $500 fine or maximum 6 months jail, or both	Adult member of family; prosecuting attorney; department of protective and regulatory services	Yes; fees paid by respondent	Copy to chief of police where protected resides and to department of public safety	Yes, contempt of court
UTAH
30-6-1, et seq.; 76-5-108	Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearm	Ex parte: Maximum 20 days unless modified. Civil provisions: 150 days	Class A misdemeanor	Any cohabitant or child residing with a cohabitant, or a cohabitant, department, or person or institution may apply for a minor	Yes	Copy by end of next business day to local law enforcement agencies designated by petitioner and copy to statewide domestic violations network	Yes, contempt of court
VERMONT
Tit. 15 §1101, et seq.	Enjoin contact; exclude from residence or other locations; regarding minors: temporary custody, support (maximum 3 months)	A fixed period at the expiration of which time the court may extend order	Criminal contempt: jail maximum 6 months and/or fine maximum $1,000	Any family or household member on behalf of self or their children	Yes	Copy to department of public safety relief from abuse database

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
VIRGINIA
16.1-253, et seq.	Enjoin contact; exclude from dwelling or provide alternative housing; regarding minors: visitations; use of motor vehicle	Emergency: 72 hrs. after issuance	Contempt of court and Class 1 misdemeanor; no suspension of term	Any person or the court.	Yes	Copy to local police department or sheriff's office	Yes, contempt of court
WASHINGTON
26.50.01, et seq.	Enjoin contact; exclude from dwelling, employment, school and day care; regarding minors: temporary custody; counseling; electronic monitoring; court costs and attorney fees	Restraining order to protect minors: maximum 1 year, may be extended. Ex parte temporary order: maximum 14 or 24 days, may be reissued	Gross misdemeanor: contempt of court. If assault less than 1st or 2nd degree occurs: Class C felony. If reckless or substantial risk of death or serious injury: Class C felony. If at least 2 prior protective order violations: Class C felony	Any person on behalf of self, or minor family or household member. Department of Social and Health Services may seek on behalf of and with consent of any vulnerable adult.	Yes	Entered into statewide judicial information system within one judicial day; copy on or before next judicial day to appropriate law enforcement agency	Yes, contempt of court
WEST VIRGINIA
48-27-101, et seq.	Enjoin contact; exclude from dwelling, employment; counseling; regarding minors: temporary custody, visitations, support; prohibition from possession of a firearm; reimburse for reasonable expenses	Final protective order: 90-180 days; may be extended	Misdemeanor: jail minimum 1 day and maximum 1 year and fine, minimum $250 and maximum $2,000	Person or adult family or household member on behalf of minor or incapacitated	Yes	Copy within 24 hours to any law enforcement agency having jurisdiction including city police, county sheriff's office or local office of the West Virginia State Police	Yes, civil contempt

Table 30: Protective Orders

Code Section	Activity Addressed by Order	Duration	Penalty for a Violation of Order	Who May Apply for Order	Fees Waived?	Transmission to Law Enforcement	Civil Liability
WISCONSIN
813.12; 813.122	Enjoin contact; exclude from dwelling; regarding minors: reasonable visitation; surrender of firearms, unless respondent is a peace officer	Injunction: maximum 4 years or until child victim is 18 years, whichever is first	If knowingly violates, jail maximum 9 months and/or fine maximum $1,000	Any person, or parent, stepparent or guardian of child victim		Copy to law enforcement agency with jurisdiction within 24 hrs.; made available to other agencies through a verification system
WYOMING
35-21-101, et seq.; 6-4-404	Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling, (maximum 90 days)	Protective order: maximum 3 months, may be extended for additional 3 month periods	If willful violation: misdemeanor: jail maximum 6 mos. and/or $750 fine	Any victim of domestic abuse	Yes	Copy to county sheriff who notifies local law enforcement agency in petitioner's county	Yes