How to File an Order of Protection

As a social worker and court advocate I helped clients file dozens of orders of protections. You can file in Family Court as well as Criminal Court. At this time the United States has a limited definition of family, which does affect which court you will be able to file in. Please note: When discussing filing the order of protection, I will usually refer to abuse because in my personal experience, that has been the main cause of the filing.

Family Court is only for people who are married, divorced, or have never been married but have a child in common. If you are in a gay relationship, if one person gave birth, and the other has adopted the child, you can go to Family Court. If you are dating or engaged to the person you are filing against you must go to Criminal Court.

This can affect your case greatly. In Family Court you state facts, and the judge makes a judgment; which I will walk you thru momentarily. In Criminal Court you must prove abuse, stalking, etc., beyond a reasonable doubt. This means you must prove your case with not only statements but hard evidence. Criminal Court is more detailed, and difficult than Family Court procedures, so a lawyer is strongly recommended.

Family Court differs from state to state, as does the procedures, but this is a generic idea of what you will have to do when filing for an order of protection in Family Court.

Firstly, if you have ever called the police and have a police report, bring it with you. When the police fill out the report, do not let them talk you out of what happened. Many times a physical altercation, verbal abuse, and threats get watered down to "arguing" in police reports. In most states, you will be given an opportunity to write you own account. Write what actually happened; do not embellish, do not over edit.