Learn How to Get a Protective Order

Learn More: What a Protective Order Can Do?

Step 1 - Fill out the Paperwork

• Forms to Fill Out:
  • Forms Kit - This kit has all four forms listed below. (PFD-Fillable)
  • Form 1 - Request for a Protection Order - JDF 402 (PDF). 
    • Wait to sign this form until you are before the clerk when you file.
  • Form 2 - Party Information Sheet - JDF 442 (PDF).
  • Form 3 - Affidavit Regarding Children - JDF 404 (PDF). 
    • Only fill out this form if:
      • A child (under 19 years old) is one of the protected parties. OR 
      • You want temporary care of a child as part of the protective order.
  • Form 4 (optional) - Incident Checklist -JDF 401 (PDF-Fillable).
    • You are not required to file this form. This form will help you prepare for the hearings.
    • If you do file this form, it will become a part of the Court's Record. It will be seen by the restrained party.
• Make Copies:
  • Make a copy of each form you fill out for your records.
  • Also, make a copy for each Respondent.
• Learn More: Filling out the Case Caption. 

Step 2 - Deliver the Paperwork to the Court

• Where do I File?
  • In the County Court either where:
    • You live, 
    • The events took place, OR
    • The Respondent lives. 
  • Find the Court's address using the court finder. 
• How Much is the Filing Fee?
  • There is an initial filing fee is $97.
  • The fee is waived for cases of domestic violence, sexual assault, or stalking.  
  • Fee Waiver - Fill out a Motion to Waive the Fees - JDF 205. Complete just the case caption of a Proposed Order - JDF 206.

Step 3 - Attend the Temporary Protective Order Hearing

• What is This Hearing?
  • You will go to court and explain why you want a protective order.
  • To qualify, the Judge needs to find that you are in imminent danger.
  • The Order will only last until a more formal hearing can occur.
  • The Respondent will not be at this hearing.
• When will this Happen?
  • The hearing will occur the same day, or within a few days, from when you file.
  • Hearings are usually scheduled by the clerk when you file the paperwork.
• How do I Prepare for the Hearing?
  • Outline the events that led you to request a protective order. The Incident Checklist - JDF 401 may help you get organized to tell your story. 

Step 4 - Formally Give the Paperwork to the Respondent

• Form: Affidavit of Service - JDF 98 (PDF-Fillable).
• Learn More: How to Serve the Respondent Formally. 

Step 5 - Attend the Permanent Protective Order Hearing

• What is This Hearing?
  • The Court will decide if the Protective Order should become permanent.
  • The Court will grant your request if the Court finds:
    • The Respondent did the things you say they did. AND
    • The Respondent will continue to do those things. OR
    • The Respondent will intimidate or retaliate against you.
• Learn More: How to Prepare for the Hearing.
• Learn More: The Decision. 

Step 6 - Enforce the Protective Order

• Copies: 
  • Keep a copy of the Protective Order with you at all times.
  • Deliver certified copies to key people or places.
    • Key people are those that will need to follow the order.
    • Examples include your work or daycare center. 
• Police Assistance:
  • Call the police for every violation of the Protective Order.
  • Keep a detailed log of all violations and print out any emails or texts. 
  • A violation of the Protective Order is a criminal offense.

Learn More: Renters Rights and Protective Orders

Law

This list is to help you start your legal research, but is not a comprehensive list of the laws that may affect your case.

Getting Help With a Protection Order

Find a Protection Order class or clinic in the Legal Aid & Clinics section. Look at the calendar tool to find Protection Order events happening near you soon. You may also find help to understand the process at a nearby court self-help center in the Sherlock section.

Contact Options