Commonly referred to as a “restraining order,” civil protection orders are issued to protect victims of domestic abuse, stalking, sexual assault, child abuse, and sexual abuse. Civil protection orders have two phases, a temporary protection order and a permanent protection order. A party must first seek a temporary protection order. The victim must first prove to the court that imminent danger exists to the person or persons seeking the protection. These hearings are normally held with only the victim and judge or magistrate present. After a temporary protection order is issued, the victim (“protected person”) and the restrained person are required to return to court for a hearing. The court determines whether the temporary protection order should be made permanent. If a civil protection order is issued during an active domestic relations case, the protection order matter is often consolidated in the domestic relations matter.
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