December 9, 2005 |
2005-R-0908 | |
CIVIL PROTECTIVE ORDERS AFTER COURT HOURS | ||
| ||
By: Sandra Norman-Eady, Chief Attorney | ||
You asked (1) for the number of states that allow for the issuance of civil restraining orders after court hours, (2) how long the orders are in effect, and (3) who issues them.
WomensLaw. org lists 13 states as having laws that allow civil restraining or protective orders to be issued after court hours, or on holidays and weekends. WomensLaw is an organization of lawyers, teachers, activists, and web designers whose mission is to provide legal information and resources to women living with or escaping domestic violence. The organization’s website is www. womenslaw. org.
Some of the 13 states refer to their civil orders issued to protect victims or potential victims of domestic violence as “protective orders” and others refer to them as “restraining orders. ” In Connecticut, courts issue both restraining and protective orders to protect victims of family violence crimes from threatened or further harm. Restraining orders are civil and protective orders are criminal. Protective orders are issued only after an arrest for a family violence crime or for stalking. Restraining orders can be issued even if there is no arrest.
Table 1 shows the 13 states with the statutory citation, the authority responsible for issuing the after-hours order, and the order’s duration. In eight of the states, Arizona, California, Massachusetts, New Hampshire, New Jersey, New Mexico, Oklahoma, and Virginia, law enforcement officers contact the appropriate judicial authority to get the
order if they believe there is an immediate and present danger of future domestic violence. In the other five states, the victim files a petition with the issuing authority.
Table 1: States with After Hours Protective Orders
States |
Issuing Authority |
Duration |
Arizona §13-3624 |
In counties with a population of 150,000 or more, judges, justices of the peace, magistrates, and commissioners rotate to issue emergency protective orders over the telephone. In other counties, these officials may rotate to issue these orders. The orders may be written or oral. |
Close of the next day of judicial business unless otherwise continued. |
California Family Code §§ 6250-6257 |
A judicial officer. |
Five business days or seven days, whichever is earliest. |
Iowa § 81-236. 6 |
A district or associate district court judge designated by the chief judge. |
72 hours after issuance |
Kansas § 60-315 |
Any district judge. |
At the end of the next court day. |
Louisiana 46: 2135 |
Judges. |
Appears to be the same as a regular ex parte order, 20 days. |
Maryland § 4-504. 1 |
District court commissioners issue interim restraining orders. |
The date a hearing is held or the end of the court’s second business day, whichever is earliest. |
Massachusetts 209A § 5 |
Any justice of the superior, probate and family, district, or Boston municipal court. |
Close of the next regular court business day. |
New Hampshire § 173-B: 4 |
District or Superior Court judges. |
Close of the next regular court business day. |
New Jersey § 2C: 25-28 |
A municipal court judge or a judge of the Family Part of the Chancery Division of the Superior Court assigned to issue ex parte temporary orders. |
Until a judge of the Family Part issues a further order. |
New Mexico § 40-13-3. 2 |
District Court judges. |
72 hours after issuance or the end of the next judicial day, whichever is latest. |
Oklahoma 22 § 40. 3 |
District Court judges. |
Close of the next regular court business day. |
Pennsylvania 23 § 6110 |
Hearing officers. |
At the end of the next business day the court deems itself available. |
Virginia § 16. 1-253. 4 |
Any circuit, general district, or juvenile and domestic relations court judge or magistrate. |
72 hours after issuance. If court is not in session at that time, it expires at 5 p. m. on the next court day. |
SN-E: ro