Where certain acts are perpetrated against one related by blood or marriage, a former spouse, one with a child in common with the perpertrator, or one who share an intimate relationship with the perpetrator.
Includes: assault, attempted assault, menacing, stalking, reckless endangerment, harassment, criminal mischief and disorderly conduct.
Jurisdiction: family court and criminal courts have concurrent jurisdiction over family offenses, though each offers different relief. In addition, in family court, victim has control over the case, including settlement. In criminal court, DA controls whether to prosecute and whether to accept plea bargain.
Relief: family court can offer protective orders and exclusive possession of residence, child custody, parenting time, and support.
Process of getting protective order: Ex parte order with limited injunction, then a hearing with notice and opportunity to be heard.
Duration of protective order: May not exceed two years, but up to five with aggravating circumstances, including serious physical injury, use of dangerous instrument, history of violation of protective orders, prior convictions for similar crimes.