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A family or household member is defined as: - Spouse, former spouse, persons who have a child in common - Adult persons related by blood or marriage - Adult persons who presently (or in the past) reside(d) together - Persons 16 years and older who have or had a dating relationship - Persons who have a biological or legal parent-child relationship
This order, which is issued by a judge, prohibits the person charged with a crime from contacting the victim of crime by phone, letter, or through third party, including messages through friends and relatives. Any violation is a gross misdemeanor and often arrest is mandatory.
The order for protection generally is granted for one year. However, it can be issued for longer than 1 year under certain circumstances. A victim may request that an order be renewed before it expires. At any time prior to the expiration date, the petitioner may make a request to the court to modify or terminate the order.
The order prohibits contact by the respondent, restrains the respondent from committing further acts of violence, excludes the respondent from the petitioner's residence, school, or workplace, awards temporary custody of minor children, orders respondent to participate in treatment or counseling, etc. The respondent may be arrested or issued a citation for violation of this order.
This order is issued in conjunction with another civil action such as divorce, legal separation, paternity, or child custody action. This order usually requires legal counsel. This order can only be obtained in Superior Court. The respondent may be arrested for violation of this order or face contempt or criminal charges.
If the order is violated, the respondent may be arrested and/or charged with a gross misdemeanor. There can also be contempt charges.
A person arrested for a domestic violence offense will usually be held in jail until he/she appears before a judge, usually the following day. The Court may require a defendant charged with domestic violence to sign a No Contact Order as a condition for release from jail prior to trial.