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Other forms of Relief
(Mutual Protective Orders and Peace Orders)
In addition to the more common forms of relief (i.e., interim, temporary, and final protective orders), a victim of domestic violence can also obtain two other forms of relief. These are discussed below:
Mutual Protective Orders
A petition for a protective order can be filed by both parties to an alleged abusive relationship. If granted, both parties will be issued a mutual protective order. The amount of proof that must be presented for it to be granted is substantial based on two facts:
(1) Both parties acted as primary aggressors and
(2) Neither party acted in self defense.
Peace Orders
A peace order is the same as a protective order with a few exceptions. A peace order is available only to those persons who are subject to certain types of abuse but are not eligible for a protective order. The types of abuse that will qualify someone to obtain a peace order are much broader than those in a protective order. Including the type of abuse required to obtain a protective order, the types of abuse that will qualify someone for a peace order include:
(1) Harassment
(2) Stalking
(3) Trespass
(4) Destruction of Property
Unlike a protective order which has no time limits on when the abuse can occur, a person who is eligible for relief under a peace order must have been abused within 30 days of the filing of the petition for a peace order. Furthermore, the abuse cannot be an isolated event, but likely to occur repeatedly.
There are only two hearings required for a peace order: (1) a temporary peace order hearing and (2) a final peace order hearing. The relief available under a peace order is the same as under a protective order, but a temporary peace order lasts for only seven days while a final peace order last for 6 months. Finally, peace orders can be modified.
Further Information on Domestic Violence:
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