Protection Orders

A Protection Order Can:

• Stop the person from hurting you and/or your children
• Stop the person who has been hurting you from entering your home, school or where you work
• Require the person who hurt you to get help with counseling
• Require the abuser to leave the household
• Keep the children in your care

Domestic Violence Protection Orders

Domestic Violence Protection Orders can be filed against a family member, spouse, boyfriend/girlfriend, someone you have a child with, or someone you lived with. The request must be filed in the county where the defendant resides. There is no cost involved, however you will need to make an appearance in court.

You can complete the forms by coming into either our Murphy or Homedale courthouse locations. After you complete the forms, they will be given to the judge to review. He will then make a determination if he will grant you a temporary protection order until the hearing date, which he will also set. If the Judge sets a hearing date it will be set within fourteen (14) days. At this time, both the petitioner and defendant will be served with the papers. The Sheriff will serve both the petitioner and respondent. If the respondent is served before the hearing date, the hearing will proceed.

At the hearing, the Judge will hear testimony from both sides, and will then determine if he/she will issue a 90-day – one year protection order. If the Judge issues a protection order, and the petitioner still feels he/she needs a protection order beyond the 90 days – one year, he/she may come back into court and request an extension. However this must be done before the protection order expires.

If the person who hurt you is arrested, they may be issued a No Contact Order when released.

No Contact Orders

If someone has hurt you and they are arrested, they may be issued a no contact order as a condition of their release from jail. The no contact order is issued as a condition of bond when a person is charged with domestic assault or battery, stalking, or violation of a protection order. The no contact order will vary depending on the judge’s instructions. At the least, it will order the person not to have any contact with you, the victim. Report any type of contact immediately. The no contact order may also order the arrested person to stay away from you, your children, your place of work and your children’s schools. You should not attempt to contact the arrested person either.

Violation of the no contact order is a misdemeanor for which the violator may be arrested without a warrant. When arrested under this circumstance, the violator will not be permitted to bond out of jail before he/she sees a judge.

The purpose of the No Contact Order is for you to have time to get the help you need to stop the cycle of violence. The No Contact Order gives you time to ask for a temporary protection order from the Magistrate Court.