The law says that if you are scared that someone will hurt you, you can get a protection order. This is completely separate from the criminal process. You can apply for a protection order without opening a criminal case.

What is a protection order?
A protection order is a document from the court that protects anyone who is being abused or has been abused and anyone who has being harassed or who has been harassed.

Who can apply for a protection order?
You can apply for a protection order yourself, or a person who is taking care of you can apply on your behalf. You can apply for a protection order if: you are abused physically, sexually, emotionally, or if the abuser intentionally damages your property or things that belong to you, the abuser stalks you or follows you around, or waits outside the school for you to come out of class. The abuser tries to come to your house. The abuser does anything to hurt you or your family or make you feel scared

How do I apply for a protection order?
1. Go to the magistrate’s court closest to where you live. The clerk of the court will give you forms to fill in. You will also be asked to make a statement explaining what happened and how the abuse or harassment took place.

2. The clerk will take your application to a magistrate who will immediately grant you an interim protection order if the magistrate is satisfied that:
* you might be hurt or harassed
* you will suffer more abuse and harassment if you do not get a protection order immediately.

3. You will be given a date to come back to the court (the return date), usually two weeks later, to get a final protection order. If you received an interim protection order, then your abuser will not be allowed to contact you or to come near you until you go back to court.

If you do not get an interim protection order, and your abuser continues to harass you, you can go back to the court and apply again for an interim protection order because the abuser has not stopped harassing you.

4. When you have received your interim protection order, you should take a copy to the police station so that the police can deliver the order to your abuser. A copy of the interim protection order and a notice telling the abuser when to come to court will be delivered to the abuser at his or her house by the police or the sheriff.

5. If you do not get an interim protection order, then the police or sheriff must still deliver a copy of your application for a final protection order to your abuser. This will include a notice about when to come to court.

6. On the return date, both you and the abuser will have to go to court. On this day, the magistrate will decide whether to grant a final protection order. If a final protection order is granted, the abuser will not be allowed to contact you or come near you at any time.

* The abuser will be at court and may have a lawyer. You are allowed to bring a lawyer with you too.
* The court will ask the abuser to give reasons why the final protection order should not be granted.
* You may have to tell the court about how the abuser harassed you. The magistrate will ask you questions about why you want a protection order. Your lawyer and the abuser’s lawyer will also have a chance to ask you questions about the abuse (if you have lawyers).
* If the abuser is not present, the court will grant you a final protection order if the magistrate is satisfied that you are being abused or harassed.
* The court will decide whether to grant a final protection order against the abuser.
* If the court grants a final protection order, you will get a copy to keep. Keep this in a very safe place. Make a second copy to take to the police station closest to your home. That way the police also have a record of the order.
* The final protection order will be delivered to the abuser by the police or the sheriff, unless the abuser is at court to receive a copy of the protection order in person.

***

The differences between an interim and a final protection order

Interim protection order:
* Granted on the day that you apply
* Temporary order (lasts until the return date)
* Granted without the abuser being there
* You do not need a lawyer

Final protection order:
* Granted on the return date
* Permanent (lasts as long as you need it)
* Includes a warrant of arrest
* The abuser will be asked to appear in court
* You are allowed to have a lawyer to help you