Types of Protection in the Different Stages of a Case

At different stages of a domestic violence case, judges have the power to order different kinds of relief to the complaining party. The table below lists the options that a judge has at each stage of the case.

Topic The Commissioner (IPO) or Judge (TPO or FPO) can order the respondent to: Interim Order
(IPO) FL 4-504.1
Temporary Order
(TPO) FL 4-505
Final Order (FPO)

FL 4-506

Abuse and threats Refrain from further abuse or threats of abuse. X X X
Not contact, attempt to contact or harass the Person Eligible for Relief. X X X
Stay away Not enter the residence of Person Eligible for Relief. X X X
If Person Eligible for Relief  & Respondent are living together at the time of abuse,
  • can order the Respondent  to vacate the home, and
  • can order that the Person Eligible for Relief  have temporary use and possession of the home.
  • However a Person Eligible for Relief  who is not married to the respondent,
  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
X X X
Stay away from the Person Eligible for Relief’s  place of employment, school, or temporary residence. X X X
Stay away from the residence of any family member of Person Eligible for Relief. X X X
Child(ren) If there is an allegation of child abuse can order custody of the minor child. X - -
If Person Eligible for Relief & Respondent are living together at the time of abuse:
  • Custody of child - can order custody of the parties' minor child living in the house.
  • Enforcement of Protective Order- a judge can order a law enforcement officer to use all
    reasonable and necessary force to enforce a temporary custody provision
    of a final protective order.
X X X
If there is an allegation of child abuse:
  • However a Person Eligible for Relief who is not married to the respondent,
  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
- X X
Stay away from the Person Eligible for Relief’s child care provider while the PEFR’s child is
there.
- X X
Can order temporary custody of the minor child of the Person Eligible for Relief
and respondent.
X X X
Can order temporary visitation and
  • if it is found that the safety of the child or the Person Eligible for Reliefis at risk, can restrict visitation.
  • See List of Supervised Visitation and Monitored Exchange Centers.
- - X
Vulnerable adult If there is an allegation of abuse of a vulnerable adult,
  • can order temporary use and possession of the home by an adult
    living in the house. However a PEFR who is not married to the
    respondent,
  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
X X X
Other types of Protection If necessary for the employment of the Person Eligible for Relief or the care of a minor child,
  • can award temporary possession to the Person Eligible for Relief of any vehicle jointly owned by the PEFR and the respondent.
- - X
Order temporary use and possession of the home by an adult living in the house. - X X
Respondent can be ordered to surrender any guns owned by the respondent
to law enforcement (for the duration of the protective order)
- X X
Respondent can be ordered to attend domestic violence counseling. - - X
Person Eligible for Relief can be ordered to attend in domestic violence counseling - - X
Respondent to pay emergency financial maintenance to any Person Eligible for Relief whom the respondent is obligated to support - - X
Court can order the family maintenance payment withheld from the Respondent’s earnings - - X
Permanent Protective Order After Conviction and Imprisonment - permanent order issued against an individual that was convicted and served a term of at least five years of imprisonment.     X

Source: 

Edited by Laure Ruth
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