How do I apply for a protection order? Can it be used as evidence in a divorce?

A domestic violence protection order is used to warn the perpetrator to stop using physical, verbal, financial and other means to abuse the victim. According to the Domestic Violence Prevention Law , there are three types of protection orders: "ordinary protection orders", "temporary protection orders" and "emergency protection orders". The timing and conditions of application are also different. Today we will show you about these three protection orders. What's the difference and how you need to apply for a protection order!

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Who can apply for a protective order?

A general protection order, known in law as "ordinary protection order", as long as you are the victim, you can apply for a protection order directly to the court . If the victim is a minor, a disabled person, or has special difficulties, a legal representative or three In-law relatives apply on their behalf. If your situation requires urgent protection, you can call 113 or directly seek assistance from units such as the police, prosecutors or domestic violence centers to apply for a temporary "emergency protection order".

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How do I apply for a protective order? How long does it take?

First, go to the court to write a petition, provide information on the victim and the opposite party, attach relevant evidence of the violent incident, witness contact information, etc., and wait for the court to hear the trial. Applying for an emergency protection order, or if the judge deems it necessary during the investigation process, will also issue a temporary protection order first to ensure the safety of the victim.

usual order of protection

• The degree of risk is low, not urgent, and the validity period is longer, and it is more credible as evidence.
• Application conditions: must be investigated by a judge.
• How long does it take to apply: Usually a court investigation is held within a month, but it still depends on the progress of each court.
• Duration of protection order: based on the approval of the judge, up to two years .
• Extensions may be requested for a maximum of two years at a time .

Temporary Protection Order

• The risk is moderate, with the possibility of recurrence.
• Application conditions: The judge investigates and issues it, or it can be issued directly without a court session .
• How long does the application take: usually a court investigation or direct issuance within one month, but it also depends on the progress of each court.
• Duration of a Protection Order: It expires when the usual protection order is issued or rejected.

emergency protection order

• The level of danger is high and urgent, with concrete evidence of violence.
• Application conditions: The judge can directly issue the application without a hearing.
• How long does the application take: In principle, the court can issue the application within 4 hours after accepting the application.
• Statute of limitations for a protection order: It expires when an ordinary protection order is issued or rejected.

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Protection orders can be used as evidence of domestic violence in divorce!

After a domestic violence case is judged, a "usual protection order" will usually be issued. If you are going to file for a divorce in the future, this protection order can be used as evidence of domestic violence, which will be more beneficial to you when applying for divorce and guardianship . .

However, if it is a "temporary protection order" and "emergency protection order", because its purpose is to prevent the recurrence of domestic violence in a short period of time, it has not undergone detailed identification and investigation, as long as the written information or partial evidence is sufficient for the court to consider that at present If there is a risk of violence, it will be issued, so it is not suitable for use as evidence in other lawsuits in the future.

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The above is the relevant information about the protection order. If you like our article, you are welcome to share it! If you have any related questions, please click the button below for free legal consultation immediately.