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Emergency [no-lexicon]Order of Protection[/no-lexicon]
An Emergency Order of Protection (EOP) is a court order that protects its holder - called the petitioner- from harm by a person named in the order - called the respondent. An EOP takes effect as soon as the judge approves it.
Because of the risk of harm, the law does not require the respondent to know about the hearing. This is known as an 'ex parte' hearing.
Because of this, an Emergency Order only lasts for 14 to 21 days. When the court issues an EOP, it sets a hearing date for a Plenary Order.
[no-lexicon]Plenary Order of Protection[/no-lexicon]
A Plenary Order is issued by a judge after a hearing with both the petitioner - the person seeking safety - and the respondent - the person accused of abuse. The petitioner must be present in court to get the order.
Although the person accused of the abuse must be notified about the hearing, they may choose not to show up. However, if the person accused of abuse does not show up to court, the Plenary Order will be granted.
When a Plenary Order is granted, it lasts for up to 2 years.
[no-lexicon]Interim Order[/no-lexicon] of Protection
The judge may grant a petitioner an Interim Order after a respondent has been served, or if attempts have been made to serve them. This order may last up to 30 days.
Legal Comment
Legal Comment
Emergency order of protection
Submitted by Ben Johnson on Sun, 06/04/2023 - 14:06
Our Responding to an Order…
Submitted by Gwendelyn Daniels on Mon, 06/12/2023 - 09:24
Our Responding to an Order of Protection How-to provdes step-by-step instructions on how to proceed. You can also use our Get Legal Help tool to get connected to a legal aid organization, if one is available.
Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
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