1. Filing
Whether it is for a Domestic Violence Protection Order or an Anti-Harassment Order, the timelines for acquiring one are very similar. It starts with a party filing a petition in District or Superior court – generally in the county where the Respondent lives. This petition will include any documents and testimony in support of the petitioner’s position. When filed, the court will generally set a hearing to review the petition in two weeks’ time.
2. Temporary Protection
Sometimes, the court will review the filed petition and determine that interim protection is necessary before the scheduled hearing. In these cases, the court will order a temporary protection order, restricting the Respondent from certain behaviors until the matter can be fully adjudicated. These orders will automatically expire after a few weeks.
3. Process Service
After the court has received the petition, it is the duty of the Petitioner to serve all corresponding documents and notices on the Respondent as soon as possible. If the court has issued a temporary protection order, it must be served on the Respondent as well.
4. Responding Documents
Once the Respondent is served, they will have an opportunity to produce documents in their defense. These can include photos, third party testimony, declarations, or other written submissions explaining why a protection order shouldn’t be granted. Responding parties must produce their materials a few days before your hearing, which will vary based on county. This is called a “Response”.
5. Reply Documents
After the Respondent serves the Petitioner with their defense documents, the Petitioner has a chance to address to the Respondent’s Responsive submissions with their own evidence. This is called a “Reply”.
6. The Hearing
Finally, after both parties have exchanged documents, the hearing will be held. Here, each party will have a few minutes to testify in addition to the written materials before the court. Having reviewed all the evidence, the court will decide whether to grant any protection order. These orders generally expire after one year.
7. Weapons Surrender
If protection is granted, the court might issue a weapons surrender order. These orders prohibit the restrained individual from acquiring or possessing dangerous weapons, like firearms or knives. The restrained party will have to surrender any weapons they own to their local police department.
8. Weapons Surrender Hearing
A few weeks after the protection order is granted, the court will hold a hearing to ensure that the restrained party has surrendered their weapons. If they have surrendered their weapons, or if they don’t own any, no further hearings will be held.
9. Protection Extension
Sometimes, the danger remains after the protection order expires. In circumstances where the Respondent is likely to continue their dangerous behavior, Petitioners can re-petition to have the terms of the protection order extended and/or modified. How long the court may extend the terms of the protection order will depend on the circumstances.