Emergency Protective Order

Overview of Protective Orders

In Shelby County, protective orders are legal directives issued by the court to safeguard individuals from domestic violence, abuse, stalking, or sexual assault. These orders are designed to prevent future instances of harm or threats.

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Key Points about Protective Orders:

• Protective orders are civil, not criminal, in nature and aim to prevent future acts of violence or abuse.

• They can be temporary (EPO - Emergency Protective Order) or long-term (DVO - Domestic Violence Order).

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Eligibility for a Protective Order:

• Available to victims of domestic violence, abuse, stalking, or sexual assault.

• Applicable to family members, members of an unmarried couple, or other qualifying relationships.

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Types of Protective Orders:

• EPO (Emergency Protective Order): Short-term order issued in urgent situations, generally valid until a court hearing, usually within 14 days.

• DVO (Domestic Violence Order): Can last up to three years. Issued after a court hearing, intended to provide long-term protection.

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Criteria for Protective Orders:

• Physical injury, sexual abuse, assault, or the threat of such acts.

• Not applicable solely for the destruction of physical property.

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Filing for a Protective Order:

• File a petition at the Shelby County District Court.

• The petitioner (person filing) needs to demonstrate the necessity of the order.

• The court sets a preliminary hearing date, usually within six days.

• The respondent (alleged abuser) and the petitioner are notified of the hearing.

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What Can a Protective Order Do?

• Prohibit contact and communication between the abuser and the victim.

• Order the abuser to stay away from the victim’s residence, school, or workplace.

• Temporary custody arrangements for children.

• Other necessary protections to prevent future violence.

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Process for Obtaining a Protective Order:

1. Filing the Petition: A family member or concerned individual files a petition in the District Court.

2. Preliminary Hearing: Court sets a date within six days to review the petition.

3. Notification: The respondent and petitioner are notified of the hearing.

4. Court Review: The court examines the petitioner's claims under oath.

5. Issuing Orders: If probable cause is found, the court orders the respondent to a facility and sets a final hearing within 21 days.

6. Final Decision: After the final hearing, the court decides the duration of hospitalization (60-360 days) or dismisses the case if no probable cause is found.

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Important to Note:

• For minors seeking a protective order, an adult family member must file on their behalf.

• The process aims to provide immediate safety and long-term protection for those in danger due to domestic violence or abuse.

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For detailed guidance on filing a protective order, visit the Shelby County Attorney’s Office or contact our legal team for assistance.