Domestic and Family Violence

1. "Domestic violence or family violence" means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:
   1. Attempting to cause or causing physical harm to another family or household member;
   2. Placing a family or household member in fear of physical harm; or
   3. Causing a family or household member to engage involuntarily in sexual activity by force, or duress.
2. "Family or household members" include:
   1. Adults or minors who are current or former spouses;
   2. Adults or minors who live together or who have lived together;
   3. Adults or minors who are dating or who have dated;
   4. Adults or minors who are engaged in or who have engaged in a sexual relationship;
   5. Adults or minors who are related or formerly related by marriage;
   6. Persons who have a child in common; and
   7. Minor children of a person in a relationship that is described in paragraphs (A) through (H).

Who may file a Petition for Civil Protection Order (CPO)?

A person who is or has been a victim of domestic or family violence. A parent, guardian, or other representative may file on behalf of a child.

What are the advantages of filing a Petition for Civil Protection Order (CPO)?

1. A self-help form Petition for CPO available from the Clerk of the High Court, is relatively easy to read and can be filled out in about twenty minutes. Information for the petition includes the Petitioner's name, Respondent's name, his address, social security number, birthdate, confirmation by Petitioner that Respondent is a family or household member, relationship of Petitioner and Respondent, additional members of the household who need protection, their ages, their relationships to Petitioner and Respondent, residence, description in detail of harm done or threatened by Respondent, and types of relief requested: stop abuse, vacate house, apportion property, parental visitation rights, child support, use of vehicle, no contact, etc.
2. A Petitioner can fill out the self-help form Petition for CPO and file it in Court without the assistance of an attorney.
3. There is no court filing fee for a self-help form Petition for CPO.
4. A low-income Petitioner who needs a lawyer's assistance with filling in Court a Petition for CPO can check with ASLA if she/he is qualified for ASLA's free civil legal assistance.
5. Obtaining a Temporary Civil Protection Order should take about one to two business days from the time the Petition for CPO is filed in Court after a hearing involving only the Petitioner. Later, a full hearing  CPO will be issued after a hearing where both  parties may testify. 
6. Filing for a Civil Protection Order is primarily to protect the victim from further abuse or harm by the Respondent and is not a criminal action.