If you have a legitimate reason to fear bodily harm from an act committed by someone other than your spouse; a person that you have had a long-term relationship with, or someone with whom you have a child, you may seek relief by obtaining a "peace order."
Please be advised that a domestic incident of this nature may be addressed by obtaining an ex-parte/protection order.
Acts Against Victims
The acts must have occurred in the previous 30 days and include:
- An act that causes serious bodily harm
- Assault in any degree
- Destruction of property
- False imprisonment
- Places you in fear of imminent serious bodily harm
- Rape or sexual offense
Granting the Order
The peace order will be granted if the court finds clear and convincing evidence that the accused committed and is likely to commit acts against you in the future. If the court finds reasonable grounds to issue a temporary peace order, the accused may be ordered to refrain from committing the acts; contacting or attempting to contact or harass you, and stay away from your residence, workplace or school.
To apply you must:
- File an application for petition at the District Court;
- Swear under oath before a Judge to the acts being alleged in support of the peace order;
- and Pay a $20 (non-refundable) filing fee.
- Pay $30 to have the order served;
- The order will be temporary for 7 days until a hearing is scheduled; and
- May be extended up to 6 months after the hearing.
Peace Order Violation
A violation of the peace order or temporary peace order is punishable by contempt, criminal prosecution or both.