A pretrial protective order is a court-issued written order that limits or prohibits contact between a person charged with a domestic violence offense and the victim or other specified individuals. It is intended to protect the victim from harm or harassment while the criminal case is pending, usually issued during a court hearing where the defendant is present. The order can restrict the defendant from threatening, harassing, contacting the victim directly or indirectly, or going near the victim's residence, workplace, or school. It remains valid only for the duration of the open case and aims to prevent repeated violence or intimidation before trial.
Purpose and Scope
The primary purpose of a pretrial protective order is to ensure the safety of the victim by preventing the alleged perpetrator from committing domestic violence or contacting the victim in any way. It may also include other protections the court deems necessary to protect the victim and their family.
Issuance
This order is typically issued by a judge during a court hearing after the alleged perpetrator is charged but before trial. It may be issued on the judge’s own initiative or at the victim's request and does not usually involve filing fees.
Restrictions Imposed
Common restrictions under a pretrial protective order include prohibiting the defendant from:
- Threatening or committing acts of domestic violence against the victim or family members
- Harassing, telephoning, or contacting the victim directly or indirectly (including through third parties)
- Approaching or going near the victim’s residence, workplace, or school
- Any other measures the court finds necessary to protect the victim’s safety.
These orders are a form of temporary protection and exist only while the criminal case is active. Violating such an order can lead to legal consequences including charges and penalties.
In summary, a pretrial protective order is a legal tool used to keep victims safe from defendants accused of domestic violence during the pretrial phase of a criminal case.