What is an Emergency Protective Order?
An Emergency Protective Order can be issued 24 hours a day/365 days a year by any Judge of a Circuit Court, General District Court, or Juvenile & Domestic Relations Court. It can also he issued by a Magistrate. Because of the urgency of a situation, such as a family abuse situation, an Emergency Protective Order can be issued without the accused party present (ex-parte) with no notice to the alleged abuser. For such an order to be entered there must be reasonable grounds to believe that the alleged abuser has committed family abuse against a family or household member, and that there is a probable danger of more family abuse by the alleged abuser. This can be shown to the Judge or Magistrate through testimony, under oath, by the abused person, or by a law enforcement officer.
An Emergency Protective Order can also be issued when a Judge or Magistrate issues a warrant charging Assault & Battery against the family or household member, or finds that such a warrant has been issued, and there is a probable danger of additional acts of family abuse against family or household members by the alleged abuser. If an individual believes they have been a victim of family abuse, they should proceed to one of the above-mentioned courts or to a Magistrate to get an Emergency Protective Order. After that, they should call an attorney to help make sure that the necessary conditions are imposed under a more permanent Order for an extended period of time.