CHOICES IN THE LEGAL SYSTEM FOR VICTIMS OF CRIME
Peace Bond
A Magistrate, including a Justice of the
Peace, issues these.
A peace bond is a court order designed
to keep the peace by protecting a
person or property from someone who
has threatened to commit an offense
against a person or property.
Police are not notified.
A Bond is set to guarantee good
behavior. The money is forfeited to
the State if the threat is carried out.
Threats that are not deemed serious
are:
Making a rash statement about a
third person during a quarrel or
bragging about not being afraid of
someone.
Abusive language and bragging by
a drunk.
A rash threat resulting from an
outburst of temper in the heat of
passion.
Making a rash statement
provoked by an angry altercation.
There needs to be some evidence that
a threat will be carried out.
This is a piece of paper, it will not
physically protect you from harm.
Restraining Order
Justice of the Peace does not issue.
Private attorney can file.
State’s Prosecutor cannot file.
Person can file on his/her own if they
know the process.
Police are not notified.
An application is filed in District Court,
often filed in divorce proceedings.
Restraining Orders generally act to
protect you from being harassed by
telephone calls, having your bank
account emptied, having your credit
card cancelled, and other similar
activities.
Temporary Restraining Orders can be
in effect for 14 days before the
hearing.
Last until the Court changes it (usually
until the divorce is final).
Called a PERMANENT INJUCTION after
the Order is final.
Punishment is Contempt of Court (up
to $500 fine and/or 6 months in jail).
It is a means of keeping someone
away (it cannot evict someone from
their home, divide property, or deal
with custody of children).
Can be obtained against anyone,
including neighbors and co-workers,
not limited to family members.
Protective Order
State’s Prosecutor can file.
Private attorney can file.
Person can file his/her own if they
know the process.
An application is filed in District Court.
Temporary Order can be in effect for 14
days prior to hearing.
Can prevent a person from accessing
the victim’s home.
Final Order lasts for up to two years
after date it is issued.
Respondent given copy of Order at end
of hearing or if not at Court by certified
mail.
Police are notified when the final
Order is granted.
Punishment is Class A Misdemeanor or
State Jail Felony, if respondent has
been convicted 2 times for violation.
A Protective Order is intended to
prevent family violence by a member of
a family household. Protective Orders
can prohibit a person from going to or
near the victim’s residence, work,
school, or daycare facility.
Only against family members -intimate
partners.
Emergency Protection
Order
Issued by a Magistrate at the initial
appearance in front of a Judge when a
person is in custody after an arrest for
family violence, stalking or dating
violence.
Can be requested by the victim, the
victim’s guardian, a police officer, a
prosecutor, or by the Magistrate on
their own.
The Defendant is given a copy of the
Order by the Magistrate.
Police are notified.
Lasts up to 91 days from the date it is
issued.
Punishment is Class A Misdemeanor or
State Jail Felony.
A Protective Order is intended to
prevent family violence by a member of
a family household. Protective Orders
can prohibit a person from going to or
near the victim’s residence, work,
school, or daycare facility.
**The information contained herein is not exhaustive and is not intended to be legal advice**
