Full Faith and Credit Project
Publication Date: June 2000
©
2000
For more information or for technical assistance, call the
Full Faith and Credit Project (800) 256-5883 ext. 2 or (202)
265-0967 ext. 2.
This sample order 1 , which is based on Pennsylvania law, is simply a guide to assist in the drafting of Final Protection Orders in different jurisdictions. The relief available will depend on the laws of your particular state or jurisdiction. Accordingly, it is essential to consult and collaborate with state and local authorities in creating a uniform Final Protection Order for your state or jurisdiction. In addition, the Order in your jurisdiction or state should include instructions for pro se litigants to contact local legal services and/or domestic violence programs for assistance in filing and obtaining an Emergency, Temporary, and/or Final Protection order. This sample Order includes the language of the newly enacted federal domestic violence laws and should serve to assist in federal prosecutions if the Order is violated across state or tribal lines or if the defendant possesses a firearm while subject to the Order. 2
________________________________,
Plaintiff
vs.
________________________________,
Defendant
IN THE COURT OF_________________,
__________________, _______________
Court Identifier (ORI)_____________
Case/Docket No. ___________________
[ ] CIVIL ACTION - LAW
[ ] CRIMINCAL ACTION
The Court finds that the plaintiff and defendant are:
[ ] spouses, former spouses, parents of common child/ren, cohabitants or former cohabitants, child/ren and parents;
[ ] similarly situated to spouses who are protected by the domestic violence laws of the state where the abuse occurred or where the plaintiff resides; or
[ ] other ________________________(please specify type of relationship)
The defendant's social security number is
___________________;
date of birth is _______________;
race is ___________________;
and gender is ______________.
The plaintiff's date of birth is __________________; race is ___________________; and gender is ______________.
CAUTION INDICATOR:
[ ] Weapon involved
[ ] Defendant is believed to be armed /dangerous.
AND NOW, this _________day of _____________, 20___, the Court having jurisdiction over the parties and matter and [applicable state or tribal law] and having provided the defendant with notice and the opportunity to be heard,
IT IS HEREBY ORDERED AND DECREED THAT:
[ ]the defendant presents a credible threat to the physical safety of the plaintiff and/or minor child/ren.
[ ] the defendant has committed domestic abuse against the plaintiff and/or the minor child/ren. There also exists present danger of domestic abuse to the plaintiff and/or the minor child/ren and, therefore, there is good cause to issue a final protection from abuse order protecting the plaintiff and [ ] the minor child/ren.
[ ] this final protection from abuse order is entered pursuant to a consent agreement reached between the plaintiff and the defendant.
[ ] service upon the defendant having been completed and the defendant having failed to appear for the hearing, this final protection from abuse order is entered on behalf of the plaintiff based on the Court's finding that the defendant has committed domestic abuse against the plaintiff and [ ] the minor child/ren.
[ ] the plaintiff's request for a final protection from abuse order is denied for the following reasons:
______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
IT IS FURTHER ORDERED THAT:
CEASE ABUSE:
[ ] the defendant shall cease abuse of the plaintiff and [ ] the minor child/ren.
[ ] the defendant shall not stalk, harass, threaten, attempt to use, or threaten to use physical force against the plaintiff and the minor child/ren that would reasonably be expected to cause bodily injury.
EXCLUSION/EVICTION:
[ ] the plaintiff is granted exclusive possession of the residence where she/he resides either temporarily or permanently, which is located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
STAY AWAY AND NO CONTACT:
[ ] the defendant is ordered to stay away from the plaintiff and [ ] the minor child/ren and/or members of the plaintiff's family. The defendant shall not contact the plaintiff in any manner, wherever the plaintiff may be found, including, but not limited to:
[ ] the residence of the plaintiff and [ ] minor child/ren, as designated above.
[ ] the plaintiff's workplace located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
[ ] the plaintiff's school located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
[ ] the school of the minor child/ren, located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
[ ] the workplace of the minor child/ren, located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
[ ] the residence of the following members of the plaintiff's family:
____________________________________________________
____________________________________________________
located at:
[ ] _______________________________________________ or
[ ] an undisclosed location.
[ ] Other: _______________________________________________________
The defendant shall not be in the plaintiff's presence except during court appearances or as otherwise provided in this order. The defendant is further prohibited from communicating with the plaintiff, either personally or through other persons, by telephone, writing or any other means, except that the defendant may communicate with the plaintiff only through the defendant's attorney of record for the duration of the order.
CUSTODY:
[ ] Custody of the minor child/ren is granted to:
[ ] the plaintiff.
[ ] the defendant.
[ ] other _____________________________________.
In order to prevent any further abuse of the plaintiff and [ ] the minor child/ren, the following conditions on custody and visitation are imposed:
[ ] the defendant is denied all custodial access to the minor child/ren for the duration of this order.
[ ] the defendant is granted supervised visitation in a secured facility
________________________________________________________________
according to the following schedule and times:
________________________________________________________________
[ ] the defendant is granted visitation according to the following schedule and times:
________________________________________________________________
[ ] the plaintiff is granted visitation according to the following schedule and times:
________________________________________________________________
________________________________________________________________
[ ] The custody of this order meets the requirements of the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act of this state or jurisdiction and is consistent with the strictures of the federal Parental Kidnapping Prevention Act, Pub. L. No. 96-611, 94 Stat. 3566 (1980).
SUPPORT, OUT-OF-POCKET LOSSES, AND FEES:
[ ] the defendant is ordered to pay $_________/month for the maintenance and support of the plaintiff and [ ] the minor child/ren.
[ ] the defendant is ordered to provide health insurance coverage for the plaintiff and [ ] the minor child/ren.
[ ] the defendant is ordered to make the following housing payments for the plaintiff and [ ] the minor child/ren:
[ ] rent at $_________/month.
or
[ ] mortgage payments at $_________/month.
[ ] the defendant is ordered to pay $_________ to the plaintiff for the out-of-pocket losses suffered as a result of the abuse, which can include medical, dental,relocation and moving expenses, counseling costs, loss of earnings, costs of repair or replacement of real or personal property that has been damaged, destroyed, or taken by the defendant or at the defendant's direction, and other out-of-pocket losses.
[ ] the defendant is ordered to pay for the plaintiff's attorney fees in this action.
FIREARMS:
[ ] the defendant is directed to immediately surrender to
______________________________________________________________
[local law enforcement agency in your jurisdiction that will
accept firearms], any and all firearms used or threatened to
be used by the defendant in an act of abuse against the
plaintiff and [ ] the minor child/ren.
[ ] the defendant is further prohibited from purchasing, acquiring, orpossessing any other firearms for the duration of this order pursuant to _____________________________________ [add state law, if applicable].
WARNING:
Possession of a firearm while this order is in effect may
constitute a felony under federal law punishable by a fine of
up to $250,000 and/or a prison sentence of up to ten (10)
years. 18 U.S.C.
§
922(g)(8).
OTHER CONDITIONS OR RELIEF ORDERED:
[
]______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
FILING AND SERVICE:
[ ] Court costs and fees for filing and service are imposed upon the defendant.
[ ] Court costs and fees for filing and service are waived.
The Sheriff and the clerk of court (or other appropriate party/entity in your jurisdiction or state) is directed to accept, file, and serve copies of this final order without regard to any assignment of cost or payment of fees.
[ ] the Sheriff is ordered to serve a copy of this order upon the defendant.
[ ] the _________________________________(name of other local law enforcement agency) is ordered to serve a copy of this order upon the defendant.
THIS ORDER EXPIRES ON _______________(Date of Order's Expiration)
NOTICE TO THE PARTIES
THIS ORDER APPLIES IMMEDIATELY TO THE DEFENDANT AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, OR UNTIL THE EXPIRATION DATE OF THE ORDER.
VIOLATION OF THIS ORDER IS A ______________________ CRIME SUBJECTING THE DEFENDANT TO A $___________ FINE AND A ______________ TERM OF IMPRISONMENT. [Add Applicable State Law]
THIS PROTECTION ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, AND U.S. TERRITORIES. 18 U.S.C. § 2265.
INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT THE DEFENDANT TO FEDERAL CRIMINAL PENALTIES. 18 U.S.C. § 2261 and § 2262.
IN ADDITION, POSSESSION, TRANSPORTATION, OR RECEIPT OF A FIREARM WHILE THIS ORDER REMAINS IN EFFECT MAY ALSO SUBJECT THE DEFENDANT TO FEDERAL CRIMINAL PENALTIES. 18 U.S.C. § 922 (g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
THIS ORDER MEETS THE REQUIREMENTS FOR VALIDITY UNDER 18 U.S.C. § 2265(b). THEREFORE, IT SHALL BE ENTITLED TO ENFORCEMENT IN ALL 50 STATES, INDIAN TRIBAL LANDS, THE DISTRICT OF COLUMBIA, THE U.S. VIRGIN ISLANDS, PUERTO RICO, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS AND GUAM.
[The rest of this notice is based upon Pennsylvania law. Refer to the Protection Order Code/Statute in your jurisdiction to determine law enforcement responsibilities and what type of notice is appropriate.]
The police who have jurisdiction over the plaintiff's residence or any location where a violation of this order occurs or where the defendant may be located, shall enforce this order.
If the defendant violates any provisions of this order, he/she shall be arrested on the charge of ____________________________________ [sanction/crime available in your state or jurisdiction]. An arrest for violation of this order may be made without a warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all firearms used or threatened to be used during the violation of this order or during prior incidents of abuse. Firearms must forthwith be delivered to the Sheriff's office of the county which issued this order. That office shall maintain possession of the firearms until further order of this Court, unless the firearms are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest.
If the defendant is placed under arrest for violation of this order, he/she shall be taken to ________________________________________________ for arraignment before _______________________________________. A "complaint" for _______________________________________________________ shall then be completed and signed by the law enforcement officer. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set, and both parties given notice of the date of the hearing.
Dated this ____________ day of ________________, 20___.
BY THE COURT:
________________________________________________________
JUDGE
If entered pursuant to a Consent Agreement:
_______________________________
Plaintiff's Signature
_______________________________
Defendant's Signature
This document was not developed by Violence Against Women Online Resources. The document's author or sponsoring organization granted VAWOR permission for placement on this site. Points of view in this document are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice.
This web site is a cooperative project of Office on Violence Against Women and Minnesota Center Against Violence & Abuse at the University of Minnesota and is supported by grant number 98-WT-VX-K001 awarded by the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice.
Additional information about this site can be obtained by reading Email us for more information and assistance.
©Copyright 1998-2005 Minnesota Center Against Violence and Abuse (MINCAVA)
File Last Modified on: 16