Ex Parte Order of Protection:

An ex parte order of protection is also known as a 50B order, which is a protective order that helps survivors of Domestic Violence obtain emergency protection.

The term ex-parte means "one party" because the judge will make a decision as to whether or not he/she will issue an emergency order based on the testimony of one party. The protective order is issued with the intent that it will protect the victim pending a hearing on the complaint.

The plaintiff/survivor is the person filing the complaint. The defendant/perpetrator is the person with whom a complaint has been filed against. Assistance with the protective order can be obtained at Friend to Friend. In order for the plaintiff to be eligible for a 50B ex parte order, the plaintiff and the defendant must be at least one of the following:

• Married or Divorced
• Persons of the opposite sex who are not married, but live together or have lived together in the past
• Have a child in common
• Are a parent and child or a grandparent and grandchild
• Are current or former household members
• Persons of the opposite sex who are or have been in a dating relationship
• Other criteria must include a recent act or attempted act of violence or threat of Violence or threat of violence towards the plaintiff or the plaintiff's children.

If acts of domestic violence are found, the Judge can order any of the following:

1. The defendant not assault, threaten, abuse, follow, harass or interfere with the plaintiff and minor children if the plaintiff is given temporary custody
2. The defendant not threaten any member of the plaintiff's family or household
3. The Judge will make a decision as to which party gets the residence and/or vehicles in question temporarily
4. The Judge can order the eviction of the defendant from the residence, and can order that the plaintiff receive assistance from law enforcement in returning to the residence

Typically a survivor can obtain an ex-parte order Monday through Friday during normal business hours (9am-4pm). An ex-parte order is a ten-day protective order. A court date will be assigned within ten days of the date the ex-parte order was granted, at which time the plaintiff and defendant will be able to present their case before a Judge.

A law enforcement officer will serve the defendant with notice of the court date and the limitations of the protective order. The survivor should be prepared to return to court for a "ten-day hearing", where the defendant may be present. After the Judge hears the testimony from both parties, a decision will be made as to whether or not a one-year protective order will be put in place.

A protective order expires after a year, and it is the responsibility of the survivor to apply for an extension before the order expires. Keep a copy of the order in your possession at ALL times. Copies of the order can be given to places of employment, schools, daycare, church, etc. if they are included in the order as places that the defendant cannot go.

IF SOMEONE THAT DOES NOT HAVE A PERSONAL RELATIONSHIP WITH YOU IS STALKING YOU OR HAS SEXUALLY ASSAULTED YOU, YOU CAN APPLY FOR A 50C OR A CIVIL NO-CONTACT ORDER.

The civil no contact order is an order of protection intended for victims of stalking and nonconsensual sexual conduct. This order, like the 50B order, is also a 10 day protective order. The judge can grant one or more of the following:

• Order the defendant not to visit, assault, molest, or interfere with the plaintiff
• Order the defendant to stop stalking, harassing and/or abusing the plaintiff
• Order no contact between the plaintiff or defendant; by telephone, written, or electronically
• Order the defendant not to go the plaintiff's residence, school, work, or other specified places
• Order relief as deemed necessary by the judge
• A "knowing violation of a civil no-contact order shall be punishable as contempt of court which may result in a fine or imprisonment,"