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There are Three Ways
to get an Order of Protection
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An order of protection can be obtained:
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I
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II
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III
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In criminal court
when you sign a criminal complaint against your
abuser, or... |
in civil court
along with another civil action like a divorce, child support, custody action, or... |
in civil court
independent of any other action. |
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There are Three Types of Orders of Protection
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There are three types of Orders of Protection which vary by the length
of time the OP is in effect, and the kinds of remedies you can get in the
OP.
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1) Emergency OP:
You can obtain this OP
when an emergency exists which would make it dangerous to tell the abuser
that you are coming to court to get help. Requesting an emergency OP is
usually the way the case begins. You can obtain one without notice to the
abuser. This OP can last up to 21 days, when there will be another court
date. After you obtain an emergency OP, the abuser will be served by the
Sheriff or police, notifying the abuser that the Order exists and telling
him to come to court on the next court date. You cannot get certain
remedies until the abuser is served, such as support or child custody,
although your children can be protected from abuse and snatching until the
next court date.
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2) Interim OP:
You may get this type of OP after the abuser has been served but before the case is finalized.
If you or the abuser seek a continuance at the next court date, you may
receive an interim OP which lasts for 30 days.
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3) Plenary OP:
This type of order is given either at the end of a case, or while a case is pending and the next
court date is more than 30 days away. In this type of order, which can
last for two (2) years or more, you can receive all of the remedies
available under the IDVA including those involving money, like child
support, counseling, and child custody.
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