What Is Order of Protection
An order of protection is a court-issued legal document that prohibits an individual from contacting, approaching, or threatening another person. In divorce and family law cases, these orders protect spouses, children, or both from abuse, harassment, or threats of violence. The order carries the force of law, and violation can result in criminal charges, contempt of court, or jail time.
How Orders of Protection Work in Divorce Cases
During divorce proceedings, an order of protection can be filed immediately and often granted within 24 to 72 hours if you demonstrate immediate danger. Most states allow temporary orders to be issued ex parte, meaning without the other party present, based solely on your testimony and evidence. After the temporary order expires (typically 14 to 21 days), a full hearing occurs where the respondent has the right to present their defense. If the court finds credible evidence of abuse or threat, a final order can remain in effect for six months to several years, depending on state law.
The order can include specific restrictions: no contact in person, by phone, email, or through third parties; maintaining a set distance (typically 100 to 300 feet) from your home, workplace, or children's school; and surrender of firearms in many jurisdictions. Some orders allow limited contact for parenting purposes only, filtered through a neutral third party or messaging app.
Impact on Custody, Property Division, and Support
An order of protection directly influences custody decisions. Documented abuse or threats significantly strengthens an argument for sole or primary custody and can limit the other parent's visitation rights. Courts also consider whether the respondent poses a danger to children, which may result in supervised visitation or no overnight contact. Evidence of domestic violence affects spousal support calculations in many states, potentially increasing the amount or duration. Property division may also shift if abuse played a role in the marriage breakdown, though this varies by state law and whether your state is community property or equitable distribution.
Filing Requirements and State Variations
You can file for an order of protection in family court as part of your divorce case or separately in civil court. Some states require you to file in the county where you or the respondent resides; others allow filing in the county where the abuse occurred. Filing fees range from $0 to $300 depending on the state. States like California and New York have streamlined processes specifically for domestic violence situations. Many states grant free fee waivers if you demonstrate financial hardship. You'll need to document incidents with dates, times, locations, witnesses, and photos of injuries or property damage if applicable.
Common Questions
- Can I get an order of protection during divorce if there's no physical violence? Yes. Threats, stalking, harassment, and controlling behavior qualify for protection in most states. The standard is typically "reasonable fear of imminent serious bodily injury" or similar language in your state's statute.
- What happens if my ex violates the order? You can file a motion to enforce with the court or call police. Violation is typically a misdemeanor but can be a felony if there are repeated violations. The respondent may face arrest, fines, or jail time.
- Does an order of protection affect child custody immediately? Not automatically. The order itself restricts contact, but custody is determined separately. However, the court will consider the order's existence and the underlying facts when making custody decisions at your final divorce hearing.