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Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Alabama Actual or attempted Victim of DV who A spouse, former Statute silent No/No Yes Yes Yes No Yes
assault, sexual has eligible spouse, parent, ALA. CODE ALA. CODE ALA. CODE § ALA. CODE §
ALA. CODE § 30-5-7 (2009)
abuse, stalking, relationship with child, or any other § 30-5-7 § 30-5- 30-5-7(c)(7) 30-5-7(c)(9)
unlawful abuser; a minor or person related (c)(4) 7(d)(5) (2009) (2009)
DURATION OF FINAL ORDER:
imprisonment, physically/ within the 6th (2009) (2009)
One year unless a shorter
criminal coercion, mentally degree Yes
or longer period of time is
harassment, incapacitated consanguinity or ALA.CODE §
ordered by the court. ALA.
reckless person (by any affinity or common- 30-5-7(c)(3)
CODE § 30-5-7(e)(1) (2009).
endangerment, adult relative, law marriage, a (2009)
child abuse, household person with whom
kidnapping, member, guardian the plaintiff has a
menacing, theft, or custodian). child in common,
trespass between ALA. CODE § 30- or a present or
family/ 5-2(a)(5) (2009). former household
household member.
members; anything ALA. CODE § 30-5-
else that can be 2(a)(4) (2009).
punished as crime
toward protected
class. ALA. Code §
30-5-2(a)(1) (‘09).
Alaska Assault, stalking, Household Household Statute silent No/Yes Yes Yes, but Yes Yes Yes
reckless member of member = adults or ALASKA only if there ALASKA STAT. ALASKA ALASKA STAT.
ALASKA STAT. § 18.66.100
endangerment, abuser; parent/ minors who are STAT. is an § 18.66.100 STAT. § § 18.66.100
(2009)
harassment, guardian can current or former §18.66.100 independ’t (C)(3) (2009) 18.66.100 (C)(16)
terroristic request CPO on spouses, currently (C)(9) legal (C)(13) (2009)
DURATION: One year unless
threatening, behalf of child or formerly lived (2009) obligation Yes (2009)
earlier dissolved by the
interference with a under 18 (abuser together, currently to support. ALASKA STAT.
court—but provision
report of DV, arson must have or formerly dated, ALASKA §18.66.100
prohibiting your abuser
or criminally committed a crime had or have sexual STAT. (C)(4) (2009)
from threatening to commit
negligent burning, of DV against relationship, §18.66.100
or committing acts of DV,
criminal mischief, child; must have related/formerly (C)(12)
stalking or harassment
kidnapping, household related by (2009)
against you is effective
custodial relationship marriage, adults or
indefinitely, unless ct says
interference, between child and minors who are
otherwise. ALASKA STAT. §
human trafficking, abuser). ALASKA related to each
18.66.100(b) (2009)
sexual offenses, STAT. § other by up to the
burglary & criminal 18.66.100(a) fourth degree of
trespass, robbery, (2009) consanguinity,
extortion and have a child
coercion, violating together, minor
a protective order, child of a person in
murder. ALASKA relationship.
STAT. § 18.66.990 ALASKA STAT.
(3) (2009) §18.66.990(5)
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Arizona Physical assault, Victims of DV who Married to or Statute silent No/No No No/No Yes No Yes
threatening words are married, or formerly married to ARIZ. REV. ARIZ. REV.
ARIZ. REV. STAT. ANN § 13-
or conduct, formerly were victim; has child in If the victim is STAT. ANN. STAT. ANN.
3602 (2009)
intimidation, married to the common with a minor then §13-3602 §13-3602
harassment by respondent,, victim (including if the parent or (G)(2) (2009) (G)(6) (2009)
DURATION: One year after
phone or in person, persons residing victim or defendant legal
served. ARIZ. REV. STAT.
stalking, or having resided is pregnant with guardian Yes
ANN. § 13-3602(L) (2009)
endangerment, in the same shared child); shall file the ARIZ. REV.
unlawful household as the related to victim by petition STAT. ANN.
imprisonment, respondent, blood or court unless the § 13-3602
kidnapping, persons with a order or by court (G)(3) (2009)
criminal trespass, child in common marriage as determines
criminal damage, with the parent, otherwise.
interfering with respondent, grandparent, child, ARIZ. REV.
judicial parents, grandchild, brother STAT. ANN.
proceedings, grandparents, or sister. ARIZ. §13-3602 (A)
custodial children, REV. STAT. ANN. § (2009)
interference, abuse grandchildren, 13-3601(A) (2009).
to a vulnerable brothers or sisters CPO not granted if
adult or child, or in-laws of the abuser is less than
certain crimes respondent or 12 years old unless
against children, respondent’s granted by juvenile
and/or disorderly spouse. ARIZ. division of superior
conduct (fighting, REV. STAT. ANN. § court. ARIZ. REV.
reckless displays of 13-3601 (A)(1-5) STAT. ANN. § 13-
a dangerous (2009); REV. STAT. 3602(B)(2) (2009) .
instrument, abusive ANN. § 13-3602
language), and (A) (2009)
eavesdropping.
ARIZ. REV. STAT.
ANN. § 13-3601(A)
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Arkansas Physical harm, Victim of DV (on Spouses, former Statue silent No (teen) Yes Yes/Yes Yes No Yes
bodily injury, their own behalf or spouses, parents ARK. CODE ARK. CODE ARK. CODE ARK. CODE
ARK. CODE ANN. § 9-15-201
assault, or the on behalf of a and children, Yes (adult), ANN. ANN. ANN. ANN.
(West 2009)
infliction of fear of minor or persons related by but §9-15-205 §9-15-205 §9-15-205 §9-15-205
imminent physical incompetent blood within fourth relationship (a)(3) (a)(4) (a)(1) (West (a)(7)(A)
DURATION: 90 days – 10
harm, bodily injury, family member) degree of must be (West (West 2009) (West 2009)
years at the court’s
or assault between who is a family or consanguinity, any romantic/ 2009) 2009)
discretion. ARK. CODE ANN.
family or household household children residing in intimate, NOT Yes
§ 9-15-205(b) (West 2009)
members; or member or an the household, just casual or ARK. CODE
Any sexual conduct employee or persons who ordinary. ANN.
between family or volunteer of a DV presently or in the ARK. CODE §9-15-205
household shelter or program past have resided ANN. (a)(6) (West
members, whether on behalf of a or cohabited §9-15-103 2009)
minors or adults, minor. ARK. CODE together, persons (2)(A) (West
that constitutes a ANN. § 9-15- who have or have 2009).
crime. 201(d) (West had a child in
ARK. CODE ANN. § 2009) common, and
9-15-103(3)(A)(B) persons who are
(West 2009) presently or in the
past have been in
a dating
relationship
together. ARK.
CODE ANN. § 9-15-
103(4) (West
2009).
California Actual or Victim of DV and Spouse or former Yes Yes/Yes Yes Yes/Yes Yes Yes Unclear
threatened: bodily her children under spouse; a CAL. FAM. CAL. FAM. CAL. FAM. CAL. FAM. CAL. FAM. CAL. FAM.
CAL. FAM. CODE § 6300-
injuries, sexual 18 that live with cohabitant or CODE CODE §§ CODE CODE CODE CODE §
6306 (West 2009)
assault, attacking, her; minors age former cohabitant; § 6211(b) 6301(a) and § 6252(b) § 6341(a)/ § 6321(a) 6342(a)(1)
striking or 12 or older can file current or former (West 2009) 6211(c) (West § 6341(c) (West 2009) (West
DURATION: Can last up to 5
battering; for CPO alone. dating partner; (West 2009) 2009) (West 2009)
years, can renew for
molesting; CAL. FAM. CODE § person with child in 2007 CA 2009) Yes
another 5 years or request
harassing; stalking; 6211 (West 2009); common A.B. 1648 CAL. FAM.
to last permanently. CAL.
harassing or CAL. FAM. CODE § (presumption that (NS), 1648 CODE
FAM. CODE § 6345(a) (West
stalking phone 6301(a) (West male parent is (NS), 2007 § 6321(a)
2009)
calls, destroying 2009) father of the child California (West 2009)
prop., disturb of the female Assembly Bill
peace of victim or parent), parent of No. 1648,
victim’s family child; any other California
members, includes person related by (Jan 07,
physical, sexual, consanguinity or 2008)
verbal, written affinity of 2nd
abuse, CAL. FAM. degree. CAL. FAM.
CODE § 6203 (West CODE § 6211 (West
2009) 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Colorado Violence or threat Victim of DV; Relative or former Statute silent Unclear Yes, but Unclear/ Yes No, but Yes
of violence against parent can file on relative by blood or (teen) only lasts Unclear COLO. REV. see: COLO. REV.
COLO. REV. STAT. ANN. §
you (and children behalf of minor marriage, lives or 120 days or STAT. ANN. § COLO. STAT. ANN.
13-14-102 (West 2009)
under 18). COLO. child. COLO. REV. lived) with you, Yes (adult), less 13-14-102 REV. §13-14-
REV. STAT. ANN. § STAT. ANN. § 13- anyone who you with whom COLO. REV. (c)(d) (West STAT. 102(f) (West
DURATION: Can be
13-14-101 (West 14-101(2) (West have had or have the actor is STAT. ANN. 2009) ANN. 2009)
permanent or shorter.
2009) 2009) an intimate involved or §13-14-102 §13-14-
COLO. REV. STAT. ANN. §
relationship with, has been (e)(I) (West Yes 102 (g)(I)
13-14-102(1.5) (West 2009)
father/mother of involved in an 2009) COLO. REV. (West
child, current or intimate STAT. ANN. § 2009)
former housemate. relationship 13-14-102
COLO. REV. STAT. COLO. REV. (15)(a) (West
ANN. §13-14- STAT. ANN. 2009)
101(2)(West 2009) §13-14-
101(2) (West
2009)
Connecticut Continuous threat Anyone who has Spouse or former Statute silent Yes if sixteen Yes No/No Unclear No Yes
of present physical been subjected to spouse, parent of years or CONN. GEN. CONN. GEN. CONN. GEN.
CONN. GEN. STAT. ANN. §
pain or physical a continuous your child, your older/Yes STAT. ANN. STAT. ANN. STAT. ANN.
46B-15 (West 2009)
injury. CONN. GEN. threat of present parent, your child, CONN. GEN. § 46b-15(b) § 46b-15(b) § 46b-15(b)
STAT. ANN. § 46B- physical pain or relative by blood or STAT. ANN. (West (West 2009) (West 2009)
DURATION: Six months, can
15(a) (West 2009) physical injury by marriage (over age § 46b-38a (2) 2009)
be extended by motion of
another 16), lived together (West 2009) Yes
applicant for more time.
family/household or used to, date(d), CONN. GEN.
CONN. GEN. STAT. ANN. §
member or a household STAT. ANN.
46B-15(d) (West 2009)
current or former member, live-in § 46b-15(b)
dating partner. caretaker for (West 2009)
CONN. GEN. STAT. someone >60.
ANN. § 46B-15(a) CONN. GEN. STAT.
(West 2009) ANN. § 46B-38a
(West 2009)
Delaware Intentionally or Victim of domestic Spouse, former Statute silent Yes (teen) Yes Yes/Yes Yes Yes Yes
recklessly: causing violence that falls spouse, persons DEL. CODE DEL. CODE DEL. CODE DEL. CODE DEL. DEL. CODE
DEL. CODE ANN. tit. 10, §
or attempting to into one of the cohabitating ANN. tit. 10, ANN. tit. 10, ANN. tit. 10, ANN. tit. 10, CODE ANN. tit. 10,
1045 (2009)
cause physical required together who are § 1041(3)(a) §1045 §1045(a)(6) §1045(a)(3) ANN. tit. §1045(a)(12)
injury or a sexual relationships. DEL. holding themselves (2009) (a)(5) (2009) (2009) 10, §1045 (2009)
DURATION: One year; but
offense; placing or CODE ANN. tit. 10, out as a couple, (2009) (a)(7)
can be extended for six
attempting to place § 1041(2-3) with or without a Yes (adult) Yes (2009)
extra months after another
another in (2009); Division of child in common, DEL. CODE DEL. CODE
hearing requested by either
reasonable Child Protective persons living ANN. tit. 10, ANN. tit. 10,
party. DEL. CODE ANN. tit.
apprehension of Services on behalf separate and apart § 1041(2)(b) §1045(a)(2)
10, § 1045(b-c) (2009)
physical injury or of minor child; with a child in (2009) (2009)
sexual offense to Division of Adult common, persons
such person or Protective in a current or
another; damaging, Services on behalf former substantive
destroying or of infirm adult dating relationship,
taking the tangible DEL. CODE ANN. relatives that live
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
property of another tit. 10, § together, certain
person; Engaging 1041(3)(b-c) family members
in a course of (2009) (parents, in-laws,
alarming or children, children-
distressing conduct in-law, sibling,
in a manner which siblings-in-law,
is likely to cause grandparents,
fear or emotional grandchildren,
distress or to stepparents and
provoke a violent stepchildren). DEL.
or disorderly CODE ANN. tit. 10, §
response; 1041(2) (2009)
Trespassing; Child
abuse; Unlawful
imprisonment,
kidnapping,
interference with
custody and
coercion; or Any
other conduct
which a reasonable
person under the
circumstances
would find
threatening or
harmful. DEL. CODE
ANN. tit. 10, § 1041
(2009)
District of An intrafamily Victim of DV that Spouse, former Yes Yes (teen) Yes Unclear Yes No Yes
offense that falls into one of spouse, shares a D.C. CODE age 16 or D.C. CODE D.C. CODE D.C. CODE (other D.C. CODE
Columbia includes physical the required residence, in a §16-1001 older D.C. §16-1005 §16-1005 §16-1005 than §16-1005
D.C. CODE § 16-1003 abuse, threats to relationships. D.C. domestic (5)(A) (2009) CODE (c)(6) (c)(4)-(5) (c)(4) (2009) attorney’s (c)(11)
(2009) injure and stalking. CODE § 16- partnership, in a §16-1003 (2009) (2009) fees and (2009)
D.C. CODE § 16- 1001(1) (2009) romantic, dating or (a)(2) (2009) Yes costs)
DURATION: Up to one year, 1031 (2009) sexual relationship OR between D.C. CODE D.C.
but upon motion by any with the victim, age 12 and §16-1005 CODE
party, court can extend, related by blood, 16 (court may (c)(2) (2009) §16-1005
rescind or modify. D.C. adoption, legal appoint (c)(8)
CODE § 16-1005(d) (2009) custody, marriage, attorney) (2009)
or domestic D.C. CODE
partnership to §16-1001
victim or has a (a)(3) (2009)
child in common
with victim. Must Yes (adult)
be 12 years or D.C. CODE
older. D.C. CODE § §16-1001
16-1001(5) (2009). (5)(B) (2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Florida Any assault, Victim of domestic Spouse, former Statute silent Statute silent Yes Yes/Yes Yes No Yes
aggravated violence or person spouse, person (teen) FLA. STAT. FLA. STAT. FLA. STAT. FLA. STAT.
FLA. STAT. ANN. § 741.28
assault, battery, who believes is in related to you by ANN. ANN. ANN. ANN.
(West 2009)
aggravated battery, imminent danger blood or marriage, Yes (adult), a § 741.30 § 741.30 § 741.30 § 741.30
sexual assault, of becoming a DV person who live(d) separate (6)(a)(3) (6)(a)(4) (6)(a)(2) (6)(a)(7)
DURATION: Judge decides
sexual battery, victim and fulfills with you as if they petition for (West (West (West 2009) (West 2009)
duration case by case; if
stalking, relationship were part of the injunction 2009) 2009)
injunction has No expiration
aggravated requirement or family, against No.
date, it stays valid until
stalking, parent of minor mother/father of dating
judge modifies or dissolves.
kidnapping, false child who is your child. FLA. violence
FLA. STAT. ANN.
imprisonment, or victim. STAT. ANN. unless the
§ 784.046(4)(b)(10)(c)
any criminal FLA. STAT. ANN. § 741.28(3) (West relationship
(West 2009)
offense resulting in § 784.046 2009) was at least 6
physical injury or (4)(b)(3)(c) months long.
death of one family (West 2009) FLA. STAT.
or household ANN.§
member by another 784.046
family or household (d)(1)-(2)
member. FLA. (West 2009)
STAT. ANN.
§ 741.28(2)
(West 2009)
Georgia "Family violence" Victim of family Spouse, former Statute silent No/No Yes Yes/Yes Yes Unclear Unclear
includes rape, violence, or spouse, (But see GA. CODE. GA. CODE. GA. CODE. GA. CODE. (See GA.
GA. CODE ANN. § 19-13-1
hitting/kicking/ victim's child parent/step parent Stalking Act, ANN. ANN. ANN. ANN. CODE. ANN. §
(West 2009)
pushing/slapping, under 18 (minor or foster parent, GA. CODE § 19-13-4 § 19-13-4 § 19-13-4 § 19-13-4 19-13-4
stalking, criminal can have CPO child/step ANN. (a)(4) (West (a)(6)-(7) (a)(5) (West (a)(3) (a)(1) (West
DURATION: Up to one year;
damage to filed on her behalf child/foster child, § 16-5-90 2009) (West 2009) (West 2009))
after hearing, upon motion
property, restraint by someone over anyone you live (West 2009)) 2009) 2009)
of petitioner, court can
against your will, age 18). GA. with or formerly Yes
grant for three years or
criminal trespass, CODE ANN. § 19- lived with (for GA. CODE.
permanently. GA. CODE
unwanted touching, 13-3(a) (West example, ANN.
ANN. § 19-13-4(c) (West
forcing you to take 2009) boyfriend, § 19-13-4
2009)
part in sexual acts boyfriend of a (a)(2) (West
against your will, family member, 2009)
threats of violence, roommate), mother
other felonies. GA. or father of your
CODE ANN. § 19- child (a CPO can
13-1 (West 2009) be filed against a
minor). GA. CODE
ANN. § 19-13-1
(West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Hawaii "Domestic abuse" Victims of Spouse or former Yes No (teen) Yes No/No Unclear No Yes
includes domestic abuse spouse, current or HAW. REV. HAW. REV. HAW. REV. HAW. REV. HAW. REV.
HAW. REV. STAT. § 586-3
occurrence of one (victim can get former reciprocal STAT. STAT. STAT. STAT. §586-4 STAT.
(2009)
or more of acts of CPO for her minor beneficiary (couple § 586-1 § 586-3 (b)(1) § 586-5.5 (2009) § 586-5(b)
physical harm, child). HAW. REV. who is ineligible to (2009) (2009) (2009) (2009)
DURATION: A fixed
bodily injury, STAT. § 586- marry but signs Yes
reasonable period as the
assault, the threat 3(b)(1) (2009) and official Yes (adult) HAW. REV.
court deems appropriate.
of imminent declaration of HAW. REV. STAT.
Can be extended fro longer
physical harm, intent to enter into STAT. §586-1 § 586-4
period of time at the court’s
bodily injury or a relationship with (2009) (2009)
discretion. HAW. REV.
assault, extreme each other),
STAT. § 586-5.5(a)-(b).
psychological someone you live
(2009)
abuse, malicious with or formerly
property damage lived with, blood
between relative, someone
family/household you are (or were)
members, child related to by
abuse, or sexual marriage, someone
assault. HAW. REV. with whom you
STAT. § 586-1(1) have a child,
(2009) current or previous
dating relationship,
current or former
same sex partner.
HAW. REV. STAT. §
586-1(2) (2009)
Idaho Physical abuse, Victim of DV by Spouse, former Statue silent Yes/Yes Yes No/No Yes Unclear Yes
sexual abuse, household spouse, person but is IDAHO CODE IDAHO IDAHO CODE IDAHO IDAHO CODE
IDAHO CODE ANN. § 39-6304
forced member, family, related to by blood, intended to ANN. CODE ANN. ANN. CODE ANN.
(2009)
imprisonment, or person she's adoption or be construed § 39-6303(1) § 39-6306 § 39-6306 ANN. § 39-6306
threatening to dating; minor child marriage, person liberally. (2009) (1)(a) (1)(c) (2009) § 39-6306 (1)(e) (2009)
DURATION: Three months,
commit any of DV victim who is who resides(ed) IDAHO CODE (2009) (1)(f)
but judges can extend for 1
these acts. IDAHO in or had a dating with victim, ANN. Yes (2009)
year periods at judges
CODE ANN. § 39- relationship. father/mother of §39-6302 IDAHO CODE
discretion. IDAHO CODE
6303(1) (2009) IDAHO CODE ANN. victim's child. (2009) ANN.
ANN. § 39-6306(5) (2009)
§ 39-6303(1) IDAHO CODE ANN. § 39-6306
(2009) §§ 39-6303(3) & (6) (1)(g) (2009)
(2009)
Illinois Physical abuse, Person who has Former or current Statute silent Yes/Yes Yes Yes/Yes Yes Yes Yes
harassment, been abused by a spouse, parents, but persons 750 ILL. 750 ILL. 750 ILL. 750 ILL. 750 ILL. 750 ILL.
750 ILL. COMP. STAT. ANN. §
intimidation of a family or step children and who have COMP. STAT. COMP. COMP. COMP. STAT. COMP. COMP. STAT.
60/201 (West 2009)
dependent, household persons related by lived together ANN. STAT. ANN. STAT. ANN. ANN. STAT. ANN.
interference with member or by any blood or present or or had/have § 60/103(6) § 60/214 § 60/214 § 60/214(2) ANN. § 60/214(17)
DURATION: Two years and
personal liberty or person on behalf prior marriage, a dating (West 2009) (5)-(6) (12) (West § 60/214 (West 2009)
can be renewed or
willful deprivation of a minor child or persons currently relationship (West 2009) Yes (13) (West
extended and extension will
but does not an adult who has or formerly sharing are 2009) 750 ILL. 2009)
remain in effect until
include reasonable been abused by a a common protected. COMP. STAT.
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
modified or vacated. 750 direction of a minor family or dwelling, persons 750 ILL. § 60/214(3)
ILL. COMP. STAT. ANN. §§ by a parent or household who have or COMP. STAT. (West 2009)
60/220(b), (e) (West 2009) person in loco member and who allegedly have a ANN. §
parentis. 750 ILL. because of age, child together, 60/103(6)
COMP. STAT. ANN. § health, disability, persons who share (West 2009)
60/201(a) (West or inaccessibility or allegedly share
2009) cannot file the a blood
petition or by any relationship
person on behalf through a child,
of a high risk adult persons who have
with disabilities or had a dating or
who has been engagement
abused, neglected relationship,
or exploited by a persons with
family or disabilities and
household their personal
member. 750 ILL. assistance, and
COMP. STAT. ANN. caregivers. 750 ILL.
§ 60/103(13) COMP. STAT. ANN.
(West 2009) § 60/103(6) (West
2009)
Indiana Attempting to Victim of abuse, Former or current Statute silent Yes/Yes Yes Yes/Yes Yes Yes Yes
cause, threatening parent, guardian spouse, current of but family or IND. CODE IND. CODE IND. CODE IND. CODE IND. CODE IND. CODE
IND. CODE ANN. § 34-26-5-2
to cause, or or another former person household ANN. ANN. ANN. ANN. ANN. ANN.
(West 2009)
causing physical representative on residing in an members § 34-6-2-44.8 § 34-26-5-9 § 34-26-5-9 § 34-26-5-9 § 34-26-5- § 34-26-5-9
harm to another behalf of a child. intimate protected (West 2009) (c)(2) (West (c)(3) (West (b)(3) and (5) 9 (3)(D) (b)(6) (West
DURATION: Two years
family or household IND. CODE ANN. §§ relationship, includes 2009) 2009) (West 2009) (West 2009)
unless another date is
member, placing 34-26-5-2(a) and persons with a people who 2009)
issued by the court and can
another in fear of (b) (West 2009) child together, are have dated Yes
be extended. IND. CODE
serious physical relatives by blood and people IND. CODE
ANN. § 34-26-5-9(e) (West
harm, causing a or adoption, who have ANN.
2009)
family or household persons who have engaged in a § 34-26-5-9
member to dated or are sexual (b)(4) (West
involuntarily currently dating relationship. 2009)
engage in sexual and/or in a sexual
activity by force, relationship,
threat of force or present or former
duress, any sexual relative by
offense or stalking, marriage,
and injuring or guardian, ward,
killing animal with custodian, foster
the intent to parent. IND. CODE
terrorize household ANN. § 34-6-2-44.8
or family member. (West 2009)
IND. CODE ANN. §
34-6-2-34.5 (West
2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Iowa Assault of family or Victim of abuse, Spouses current or Statute silent No (teen), Yes Yes/Yes Yes No Yes
household parent or guardian former, persons but protects unless IOWA CODE IOWA CODE IOWA CODE IOWA CODE
IOWA CODE ANN. § 236.2
member, unwanted on behalf of an who are “persons married or ANN. § ANN. § ANN. ANN. §236.2
(West 2009)
sexual activity, unemancipated cohabiting, parents cohabitating” cohabitating 236.5(d) 236.5(e) §236.5(2)(b) (West 2009)
threatening to or minor. IOWA CODE or person related currently or with the (West (West (West 2009)
DURATION: One year but the
causing physical ANN. §§ 236.2(4) by blood or within the respondent 2009) 2009)
court can extend
injury, pointing or AND (5A) (West marriage but not past year Yes
indefinitely with petition and
firing a gun. IOWA 2009) children under 18 and persons Yes (adult), IOWA CODE
notice. IOWA CODE ANN. §
CODE ANN. § years, persons in an intimate must be or ANN.
236.5(2) (West 2009)
236.2(2) (West who reside or relationship have been in §236.5(2)(c)
2009) resided together, or have been an intimate (West 2009)
persons who have in one in the relationship
a child together past year. and have had
even if they never contact within
married or lived the past year
together at any of the
time, persons who assault.
have been family
or household
members residing
together within the
past one year and
are not residing
together at the time
of the assault,
persons who are or
have been in an
intimate
relationship within
the past year of the
assault. IOWA CODE
ANN. § 236.2(4)
(West 2009)
Kansas Intentionally Victim of abuse, Persons who are Statute silent Unclear Yes Yes/Yes Yes No, other Yes
attempting to parent or adult or have been in a but does (teen) KAN. STAT. KAN. STAT. KAN. STAT. than KAN. STAT.
KAN. STAT. ANN. § 60-3102
cause bodily injury, residing with a dating relationship, protect ANN. ANN. ANN. attorney’s ANN.
(2009)
or intentionally or minor on behalf of persons who persons who Yes (adult) §60- §60- §60-3107(5) costs and §60-3107(b)
recklessly causing the minor. KAN. reside together or are residing KAN. STAT. 3107(4) 3107(6) (2009) fees. (2009)
DURATION: Up to one year.
bodily injury, STAT. ANN. §§ 60- formerly resided together or ANN. (2009) (2009)
Upon motion by Petitioner,
intentionally 3104(a) AND (b) together, or person have resided §60-3102(c) Yes
can be extended to one
placing, by physical (2009) who have a child in together or (2009). KAN. STAT.
more year. KAN. STAT.
threat, another in common. KAN. dating or ANN.
ANN. § 60-3107(e) (2009)
fear of imminent STAT. ANN. § 60- have been in §60-3107(2)
bodily injury, 3102(b) (2009) dating (2009)
engaging with a relationship.
minor under 16
years of age and
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
who is not a
spouse in sexual
intercourse or any
lewd fondling or
touching meant to
arouse sexual
desires in either or
both the minor and
abuser. KAN. STAT.
ANN. § 60-3102(a)
(2009)
Kentucky Physical injury, Victim of abuse, Former or current Yes, if living Unclear Yes Yes/Yes Yes No Yes
serious physical children of an spouse, parent, together or (teen) KY. REV. KY. REV. KY. REV. KY. REV.
KY. REV. STAT. ANN. §
injury, sexual unmarried couple. child, step child or formerly lived STAT. ANN. STAT. ANN. STAT. ANN. STAT. ANN.
403.725 (West 2009)
abuse, assault, or KY. REV. STAT. any person related together per Not explicitly § 403.750 § 403.750 § 403.750 § 403.750
the infliction of fear ANN. §§ by blood or Ireland v. (adult), but (1)(f) (West (1)(f) (West (1)(d) (West (1)(h) (West
DURATION: Any period of
of imminent 403.720(2) AND (3) marriage in the 2nd Davis 957 leg. pending 2009) 2009) 2009) 2009)
time no longer than three
physical injury or (West 2009) degree, person S.W.2d 310 to include
years but the order may be
serious physical with a child in (Ky.App. current or Yes
reissued upon expiration
injury, sexual common, 1997); former dating KY. REV.
indefinitely. KY. REV. STAT.
abuse or assault unmarried persons pending partners; STAT. ANN.
ANN. § 403.750(2) (West
between family currently or legislation to current §403.750
2009)
members or formerly living include statute (1)(a) (West
members of an together and their couples who protects 2009)
unmarried couple. children, & leg. have a “unmarried
KY. REV. STAT. pending to include “current or couples who
ANN. § 403.720(1) couples who are or former dating are living
(West 2009) have been in a relationship.” together or
dating relationship. 2008 KY have lived
KY. REV. STAT. H.B. 161 together.”
ANN. §§ 403.720(2) (NS) §403.720(1);
(3) (2009); 2008 2008 KY H.B.
KY H.B. 161 (NS) 161 (NS)
Louisiana Includes but is not Victim of abuse, Former or current No. Statute Yes/Yes Yes Yes/Yes Yes Yes Yes
limited to physical or any parent, spouses, step/ protects LA. REV. LA. REV. LA. REV. LA. REV. 2008 La. LA. REV.
LA. REV. STAT. ANN. §
or sexual abuse, adult household foster parents & unmarried STAT. ANN. § STAT. ANN. STAT. ANN. STAT. ANN. § Sess. Law STAT. ANN. §
46:2134 (2009)
any offense against member, or children, opposite adults “of the 46:2151 § 46:2135 § 46:2136 46:2136 Serv. Act 46:2136(A)
the person as District Attorney sex presently or opposite sex” (2009) (A)(5) (A)(2) (A)(3) (2009) 411 (S.B. (2009)
DURATION: Eighteen months
defined in the on behalf of a formerly living who reside (2009) (2009) 264)
but can be extended. LA.
Criminal Code of minor child or together as together as Yes
REV. STAT. ANN. §
Louisiana incompetent adult. spouses, current or spouses. LA. REV.
46:2136(F) (2009)
(including stalking). LA. REV. STAT. former dating But see STAT. ANN. §
LA. REV. STAT. ANN. § 46:2133(c) partner & adult LA. REV. 46:2135
ANN. § 46:2132(3) (2009) children or STAT. ANN.§ (A)(1) (2009)
(2009) grandchildren 46:2151
LA. REV. STAT. (2009)
ANN.§46:2132(4)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Maine Attempting to Victim of abuse, Current or former Yes, if living No (must be Yes Yes/Yes Yes Yes Yes
cause or causing person spouses, domestic or lived filed by ME. REV. ME. REV. ME. REV. ME. REV. ME. REV.
ME. REV. STAT. ANN. tit. 19-
bodily injury or responsible for a partners, or dating together or if parent/guardi STAT. ANN. STAT. ANN. STAT. ANN. STAT. STAT. ANN.
A, § 4002 (2009)
offensive physical minor on behalf of partners and current or an) (teen) tit. 19-A § tit. 19-A § tit. 19-A § ANN. tit. tit. 19-A §
contact, including the minor, individuals who are former 4007(G) 4007(I) 4007(E) 19-A § 4007(M)
DURATION: Two years but
sexual assaults, representative of living or have lived sexual Yes (adult) (2009) (2009) (2009) 4007(K) (2009)
can be extended. ME. REV.
attempting to place the department. together as partners. “Dating (2009)
STAT. ANN. tit. 19-A, §
or placing another ME. REV. STAT. spouses, natural ME. REV. Partners” Yes
4007(2) (2009)
in fear of bodily ANN. tit. 19-A, § parents of the STAT. ANN. protected and ME. REV.
injury through any 4005(1) (2009) same child, adults tit. 19-A § means STAT. ANN.
course of conduct , members related 4002(4) individuals tit. 19-A §
including but not by blood or (2009) currently or 4007(D)
limited to marriage, adult formerly (2009)
threatening , household member involved in
harassing or against minor child dating each
tormenting of a household other whether
behavior, member, or not they
compelling a individuals are sexual
person by force, presently or partners.
threat of force or formerly living
intimidation to together,
engage in conduct individuals who are
from which the or were sexual
person has a right partners. ME. REV.
to abstain or STAT. ANN. tit. 19-
engage in, A, § 4002(4) (2009)
restricting
someone's
movements,
threatening a crime
of violence that
places the person
in reasonable fear
that the crime will
be committed,
repeatedly and
without reasonable
cause , following a
person or being at
or in the vicinity of
the persons' home,
school, business,
or place of
employment. ME.
REV. STAT. ANN. tit.
19-A, § 4002(1)
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Maryland An act that causes Victim of abuse, Current or former Statute silent No/ No Yes Yes/Yes Yes No Unclear
serious bodily State Attorney for spouse, but likely MD. CODE MD. CODE MD. CODE
MD. CODE ANN., FAM. LAW §
harm, places a the County where cohabitant, could qualify ANN., FAM. ANN., FAM. ANN., FAM.
4-504 (West 2009)
person eligible for a minor or a persons related by if had a LAW LAW LAW
relief in fear of vulnerable adult blood, marriage or sexual rel. § 4-506 § 4-506 § 4-506(d)(4)
DURATION: For the period
imminent serious victim lives on adoption, parent, and lives(ed) (d)(7) (d)(9) (West 2009)
stated, not to exceed a year
bodily harm, their behalf, stepparent, child, together for a (West (West
unless meets certain
assault in any department of stepchild, persons period of at 2009) 2009) Yes
criteria for permanency.
degree, rape or social welfare on who have resided least 90 days MD. CODE
MD. CODE ANN., FAM. LAW
sexual offence , behalf of a minor or are residing with within 1 year ANN., FAM.
§§ 4-506(h-i) (West 2009)
attempted rape or or vulnerable each other for a before filing LAW
sexual offense in adult, person period of at least petition b/c § 4-506(d)(5)
any degree, false related by blood, 90 days before the law (West 2009)
imprisonment and marriage or filing of petition, prohibiting
stalking; can also adoption to minor persons with a “unnatural or
include abuse of a or vulnerable child together, perverted
child or abuse of a witness and an persons residing or sex
vulnerable adult. adult residing in resided together in practices”
MD. CODE ANN., the same home as the same home for which
FAM. LAW § 4- minor or a period of at least prevented
501(b)(1-3) (West vulnerable adult. 90 days within the petitioners
2009) MD. CODE ANN., year before the from claiming
FAM. LAW §§ 4- filing of the petition a sexual
501(l) and (m) and have/had a relationship
(West 2009) sexual relationship. was repealed
MD. CODE ANN., in 2002.
FAM. LAW §§ 4-
501(l) and (m)
(West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Massachusetts Attempting to Victim of abuse by Former or current Statute silent Yes/Yes Yes Yes/Yes Yes Yes Unclear
cause or causing a minor or adult spouses, person but might deemed to MASS. GEN. MASS. GEN. MASS. GEN. MASS.
MASS. GEN. LAWS CH. 209A,
physical harm, family or residing together in qualify if have been in LAWS CH. LAWS CH. LAWS CH. GEN.
§ 1 (2009)
placing another in household the same living or have a substantive 209A, §3(d) 209A, §3(e) 209A, § 3(c) LAWS CH.
fear of imminent member. MASS. household, lived together dating (2009) (2009) (2009) 209A,
DURATION: One year. Can
serous physical GEN. LAWS CH. persons who were in the same relationship §3(f)
be extended for any
harm, causing 209A, § 1 (2009) or are related by household or determined Yes (2009)
additional time reasonably
another to engage blood or marriage, had according to MASS. GEN.
necessary to protect the
involuntarily in person having a substantive 4 factors. LAWS CH.
plaintiff or to enter a
sexual relations by child in common dating or MASS. GEN. 209A, § 3(b)
permanent order. MASS.
force, threat or regardless of engagement LAWS CH. (2009)
GEN. LAWS CH. 209A, § 3(c)
duress. MASS. GEN. whether ever relationship 209A,
(2009)
LAWS CH. 209A, § 1 married or lived MASS. GEN. §1(e)(1)
(2009) together, persons LAWS CH. (2009)
adjudged by 209A, § 1
probate or Boston (2009)
municipal court to
be or have been in
a substantial dating
or engagement
relationship. MASS.
GEN. LAWS CH.
209A, § 1 (2009)
Michigan Entering into Victim of abuse, Former or current Statute silent Yes/Yes No No/No Not if the No Yes
premises, assault, parent on behalf spouse, person but may MICH. COMP. abuser is not MICH. COMP.
MICH. COMP. LAWS ANN. §
attack, beating, of a minor if both with whom the cover same LAWS ANN. § the spouse of LAWS ANN.
600.2950 (West 2009)
molesting, are experiencing victim has a child sex partners 600.2950(1) the victim, or § 600.2950
wounding, and abuse. MICH. in common, former who (West 2009) has a (1)(j) (West
DURATION: Not less than
threatening to kill COMP. LAWS ANN. or current dating reside(ed) property 2009)
182 days. MICH. COMP.
or physically injure § 600.2950(1) partner, former or together or interest; Not
LAWS ANN. § 600.2950(13)
a named individual, (West 2009) current who if the victim,
(West 2009)
unlawful removal of housemates. MICH. date(ed). parent,guardi
children from the COMP. LAWS ANN. § MICH. COMP. an,custodian
person having 600.2950(1) (West LAWS ANN. § of a minor
custody, 2009) 600.2950(1) petit. has no
purchasing or (West 2009) property
possessing a interest in the
firearm, premises
interference with § 600.2950
freedom, putting (5)(a)-(c)
someone in fear of (West 2009)
physical harm.
MICH. COMP. LAWS Yes
ANN. § 600.2950(1) MICH. COMP.
(West 2009) LAWS ANN. §
600.2950
(West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Minnesota Physical harm, Any family or Any one of the Statute silent Yes if 16 Yes Yes/Yes Yes Yes Yes
bodily injury or household following; current but protects years or older MINN. STAT. MINN. STAT. MINN. STAT. MINN. MINN. STAT.
MINN. STAT. ANN. § 518B.01
assault, infliction of member or former spouse, persons who and has child ANN. § ANN. § ANN. § STAT. ANN. §
(West 2009)
fear of imminent personally, family parents and reside(d) in common or 518B.01, 518B.01, 518B.01, ANN. § 518B.01,
physical harm, or household children, person together or court deems subd. 6(4) subd. 6(5) subd. 6(2) 518B.01, subd. 6(13)
DURATION: For a fixed
bodily injury, member, a related by blood, who are that minor (West (West (West 2009) subd. (West 2009)
period of time not to exceed
assault, terrorist guardian a persons currently involved in a has sufficient 2009) 2009) 6(11)
two years except when the
threats, criminal reputable adult or formerly residing “significant maturity and Yes (West
court determines a longer
sexual conduct or aged 25 or older together , persons romantic or it is in the MINN. STAT. 2009)
period is needed. MINN.
interference with on behalf of a who have a child sexual best interest ANN. §
STAT. ANN. § 518B.01,
an emergency call. minor. A minor together regardless relationship.” of the minor 518B.01,
subd. 6(b) (West 2009)
MINN. STAT. ANN. § aged 16 and of whether they MINN. STAT. (teen) MINN. subd. 6(3)
518B.01, subd. above against a have been married ANN. § STAT. ANN. § (West 2009)
(2)(a) (West 2009) former or current or have lived 518B.01, 518B.01,
spouse, or a together at any subd. (2) subd. (4)(a)
person with whom time, a man and a (b)(4) and (7) (West 2009)
the minor has a women if the (West 2009)
child in common if women is pregnant Yes (adult), if
the court and the man is persons are
determines that alleged to be the involved in a
the minor has father regardless of significant
sufficient maturity whether or not they romantic or
and judgment and have been married sexual
that it is in the or have lived relationship;
minor's best together at any casual dating
interest. MINN. time, persons in partners are
STAT. ANN. § involved din a not
518B.01, subd. significant romantic specifically
(4)(a) (West 2009) or sexual mentioned.
relationship. MINN. MINN. STAT.
STAT. ANN. § ANN. §
518B.01, subd. 518B.01,
(2)(b) (West 2009) subd. 2(b)(7)
(West 2009)
Mississippi Occurrence of one A victim of abuse, Any one of the Statute silent Unclear Yes Yes/Yes Yes Yes No
or more of the a parent, adult following: current but protects (teen) MISS. CODE MISS. CODE MISS. CODE MISS.
MISS. CODE ANN. § 93-21-7
following acts household or former spouse, “persons ANN. ANN. ANN. CODE
(West 2009)
between family or member, next persons living as living as Yes (adult), § 93-21-15 § 93-21-15 § 93-21-15 ANN.
household friend of abused spouses, parent spouses” and current or (1)(D) (West (1)(e) (1)(b) (West § 93-21-
DURATION: Indefinitely, at
members who person on behalf and children, “current and former dating 2009) (West 2009) 15 (1)(f)
the discretion of the court,
reside together or of a minor child or persons related by former dating rel. to be 2009) (West
three year requirement
who formerly any person blood or marriage partners.” determined Yes 2009)
removed in ’07. MISS. CODE
resided together or alleged to be and adoption, MISS. CODE by duration & MISS. CODE
ANN. § 93-21-17(2) (West
between current or incompetent. current or dating ANN. § 93-21- frequency of ANN.
2009)
former dating MISS. CODE ANN. partner. MISS. 3(a) and (d) interaction. §93-21-15
partners: § 93-21-7(1) CODE ANN. § 93- (West 2009) § 93-21-3 (a), (1)(h) (West
attempting to (West 2009) 21-3(a) (2009) (d) (2009) 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
cause or
intentionally,
knowingly or
recklessly causing
bodily injury or
serious bodily
injury with or
without a deadly
weapon, placing by
physical menace or
threat, another
person in fear of
imminent serious
bodily injury or
criminal sexual
conduct against a
minor, stalking, or
cyber stalking.
MISS. CODE ANN. §
93-21-3(a) (West
2009)
Missouri Actual acts, Any adult victim Any one of the Statute silent Unclear Yes Yes/Yes Yes Yes No
attempts or threats who has been following persons: but protects (teen) MO. ANN. MO. ANN. MO. ANN. MO. ANN.
MO. ANN. STAT. § 455.010
of the following; abused by current or former adults who STAT. STAT. STAT. STAT.
(West 2009)
assault, battery, another adult spouses, adults have lived or Yes (adult), if § 455.0250 § 455.0250 § 455.0250 §
coercion, current or former related by blood or live together there is a 3(1) (West 3(3) and (4) 1(2) (West 455.0250
DURATION At least one
harassment- family or marriage, adults and those in continuing 2009) (West 2009) 3(10) and
hundred eighty days and
following someone household presently residing continuing social 2009) (12) (West
not more than one year.
in a public place or member, any together or have social relationship Yes 2009)
MO. ANN. STAT. §
places, peering in adult victim of resided together in relationship romantic or MO. ANN.
455.040(1) (West 2009)
the window or stalking by the past, adults in of romantic intimate in STAT.
lingering outside another adult. MO. a continuing social or intimate nature. § 455.0250
the residence of ANN. STAT. § relationship of a nature. 1(3) (West
another, sexual 455.020(1) (West romantic or MO. ANN. 2009)
assault, unlawful 2009) intimate nature STAT.
imprisonment. MO. with the victim, § 455.020(5)
ANN. STAT. § adults who have a (West 2009)
455.010(1) (West child together
2009) regardless of
whether married or
resided together at
any time and any
person alleged to
have committed
stalking. MO. ANN.
STAT. § 455.010(5)
(West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Montana Assault, Victim of stalking, Parents, children, No, Unclear Yes Yes/Yes Yes Unclear Yes
aggravated incest, sexual brothers, sisters, partners only (teen) MONT. MONT. MONT. CODE MONT. CODE
MONT. CODE ANN. § 40-15-
assault, assault, sexual past and present protected if CODE ANN. CODE ANN. ANN. ANN.
102 (2009)
intimidation, intercourse family members they are in Yes (adult), § 40-15- § 40-15- §40-15-201 § 40-15-201
partner or family without consent related by an opposite but must be 103(1) 103(1) (2)(d) (2009) (2)(j) (2009)
DURATION: For a specific
member assault, regardless of the adoption, marriage, sex of the (2009) (2009)
period or permanently.
criminal individual’s remarriage, step relationship. opposite sex. Yes
MONT. CODE ANN. § 40-15-
endangerment, relationship to the children, MONT. CODE
202 (2009)
negligent offender, partner stepparents, in- ANN.
endangerment, or family member laws, adoptive § 40-15-201
assault on a minor, of a victim of parents and (2)(e) (2009)
assault with a homicide or children regardless
weapon, unlawful deliberate of age & whether
restraint . mitigated or not they are
Kidnapping, homicide: victim, staying in the same
aggravated parent, guardian household, former
kidnapping, arson. ad litem or other or current spouses,
MONT. CODE ANN. § representative on persons who have
40-15-102(1) behalf of a minor. a child in common,
(2009) MONT. CODE ANN. persons who have
§ 40-15-102(2) been or are
(2009) currently in a
dating or ongoing
relationship with a
person of the
opposite sex.
MONT. CODE ANN. §
40-15-102(2)
(2009)
Nebraska Attempting to Victim of domestic Current or former Statute silent Unclear Yes, up to No/No Yes No Yes
cause, or violence. NEB. spouse, children, but does (teen) 90 days NEB. REV. NEB. REV.
NEB. REV. STAT. § 42-903
intentionally and REV. STAT. § 42- persons current or protect NEB. REV. STAT. STAT.
(2009)
knowingly causing 924 (2009) formerly residing dating Yes (adult) STAT. § 42-924 § 42-924
bodily injury with or together, persons partners and NEB. REV. § 42-924 (1)(d) (2009) (1)(g) (2009)
DURATION: One year. NEB.
w/o a dangerous who have a child people who STAT. (1)(f)
REV. STAT. § 42-924(3)
instrument, placing together whether have lived § 42-903(3) (2009) Yes
(2009)
by physical or not they have together. (2009) NEB. REV.
menace, another been married or STAT.
person in fear of have lived together § 42-924
imminent bodily at any time, (1)(e) (2009)
injury or engaging persons related by
in sexual contact or blood or marriage,
sexual penetration persons who are or
without consent. have dated. NEB.
NEB. REV. STAT. § REV. STAT. § 42-
42-903 (1) (2009) 903(3) (2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Nevada Battery, assault, Victim of abuse, Former or current Statute silent Yes/Yes Yes Yes/Yes Yes/Yes Yes Yes
compelling another parent or guardian spouse, persons but protects NEV. REV. NEV. REV. NEV. REV. NEV. REV. NEV. REV. NEV. REV.
NEV. REV. STAT. ANN. §
person by force or on behalf of a related by blood or persons STAT. ANN. STAT. ANN. STAT. ANN. STAT. ANN. § STAT. STAT. ANN.
33.018 (West 2009)
threat of force to child or an elderly marriage, persons residing § 33.018(1) § 33.030(2) § 33.030 33.030 ANN. § 33.030(2)
perform an act person or anyone formerly or together and (West 2009) (West (2)(c)(3) (1)(b),(c) § 33.030 (West 2009)
DURATION: One year. NEV.
from which he/she who is unable to currently residing dating 2009) (West (West 2009) (2)(c)(5)
REV. STAT. ANN. §
has a right to file themselves together, persons partners. 2009) (West
33.080(3) (West 2009)
refrain or to refrain because of currently or 2009)
from an act which disability or formerly dating,
he/she has a right hospitalization. persons who have
to perform, NEV. REV. STAT. a child in common,
harassment which ANN. § 33.018(1) child. NEV. REV.
shall include but (West 2009) STAT. ANN. §
not limited to: 33.018(1) (West
stalking, arson, 2009)
trespassing,
larceny, destruction
of private property,
carrying a
concealed weapon;
false imprisonment,
unlawful or forcible
entry into another's
residence if there is
reasonable
foreseeable harm.
NEV. REV. STAT.
ANN. § 33.018(1)
New Hampshire Does or attempts Victim of abuse, a Current or former Yes, current Yes/Yes Yes Yes/Yes No, not if the Yes Yes
to do any of the minor on his/her spouse, current or or former N.H. REV. N.H. REV. N.H. REV. respondent N.H. REV. N.H. REV.
N.H. REV. STAT. ANN. §173-
following to the own. N.H. REV. former co- sexual or STAT. ANN. STAT. ANN. STAT. ANN. owns or pays STAT. STAT. ANN.
B:1 (2009)
victim: assault, STAT. ANN. § 173- habitants, parents intimate §173-B:3 §173-B:5 §173-B:5 for the place ANN. §173-B:5(I)
reckless conduct, B:1(X) (2009) and other persons partners. (II)(b) (2009) (I)(b)(5) (I)(b)(7) of residence §173-B:5 (2009)
DURATION: One year, but
criminal threat, who are related by N.H. REV. (2009) (2009) & has no (I)(a)(9)
extensions may be set for
sexual assault, blood or affinity, STAT. ANN. legal duty to (2009)
up to five years. N.H. REV.
interference with and current or §173-B:1(I) support the
STAT. ANN. §173-B:5(VI)
freedom, former sexual or (2009) respondent
(2009)
destruction of intimate partners. or minor
property, N.H. REV. STAT. children
unauthorized entry, ANN. §§173-B:1(I) N.H. R. S. A.
harassment. N.H. and (X) (2009) §173-B:5
REV. STAT. ANN. (I)(b)(1)
§173-B:1(I) (2009)
Yes
N.H. R. S. A.
§ 173-B:5
(I)(a)(3)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
New Jersey Perpetration of one Victim of domestic Current or former Yes; Statute Yes/Yes Yes Yes/Yes Yes Yes Yes
or more of the violence if 18 or spouse, current or protects N.J. STAT. N.J. STAT. N.J. STAT. N.J. STAT. N.J. STAT. N.J. STAT.
N.J. STAT. ANN. §2C:25-18
following by an older or an former household current or ANN. § 2C:25- ANN. § ANN. § ANN. § ANN. § ANN. §
(West 2009)
adult or emancipated member( in both former 19(a) (West 2C:25- 2C:25- 2C:25- 2C:25- 2C:25-29(b)
emancipated minor minor. Exception instances victim household 2009) 29(b)(11) 29(b)(10) 29(b)(2) 29(b)(4) (West 2009)
DURATION: Indefinite unless
on the victim: for minors who should be above members (West (West (West 2009) (West
a judge puts a time limit to
homicide, assault, have a child in 18 or an and persons 2009) 2009) 2009)
it. N.J. STAT. ANN. §§
terroristic threats, common with the emancipated in “dating Yes
2C:25-29(b) and (d) (West
kidnapping, respondent or minor), person with relationship. N.J. STAT.
2009)
criminal restraint, who have been in a child with the See Storch v. ANN. §
false imprisonment, a dating other party or Sauerhoff, 2C:25-
sexual assault, relationship with anticipate having a 757 A.2d 836 29(b)(6)
criminal sexual respondent N.J. child if one of the (2000) (West 2009)
contact, lewdness, STAT. ANN. parties is pregnant stating it
criminal mischief, §2C:25-19(d) (regardless of protects
burglary, criminal (West 2009) age), person in a same sex
trespass, dating relationship couples living
harassment, with another together.
stalking. N.J. STAT. regardless of age.
ANN. §2C:25- N.J. STAT. ANN.
19(3)(a) (West §2C:25-19(3)(a)
2009) (West 2009)
New Mexico Any incident by a Victim of domestic Current or former Statute silent Yes (teen), Yes, N.M. Yes/Yes, Yes Yes Yes
household member abuse. N.M. STAT. spouse, family but protects N.M. STAT. STAT. ANN. N.M. STAT. § 40-13- N.M. N.M. STAT.
N.M. STAT. ANN. § 40-13-3
against the other ANN. § 40-13-3(A) member including persons with ANN.§ 40-13- § 40-13- ANN. 5(A)(1) (West STAT. ANN.
(West 2009)
which results in (West 2009) a relative, parent, a “continuing 3(A) (West 5(A)(2) § 40-13- 2009) ANN. § 40-13-
physical harm, current or former personal 2009), if a (West 5(A)(2) § 40-13- 5(A)(7) (West
DURATION: Up to six months
severe emotional stepparent, current relationship”; “continuing 2009) but (West Yes 5(A)(5) 2009)
if it involves custody or
stress, bodily injury or former in-law, cohabitation personal only for 6 2009) § 40-13- (West
support. Otherwise lasts
or assault, threat child or persons is not relationship.” months. but only for 5(A)(3) (West 2009)
until modified or rescinded
causing imminent who have a child required. N.M. STAT. N.M. STAT. 6 months. 2009)
by motion of either party or
fear of bodily injury, together regardless N.M. STAT. ANN. ANN. N.M. STAT.
until court approves
criminal trespass, of whether they ANN.§ 40-13- § 40-13-2(D) § 40-13- ANN.
subsequent consent
criminal damage to have been married 3(D) (West (West 2009) 6(G) (West § 40-13-
agreement between
property, or have lived 2009) 2009) 6(G) (West
parties. N.M. STAT. ANN. §
repeatedly driving together at any Yes (adult), if 2009)
40-13-6(C) (West 2009)
by a residence or time, persons who a “continuing
work place, phone have had a personal
harassment, continuing relationship.”
stalking, personal N.M. STAT.
harassment, harm relationship. Co- ANN.
or threatened harm habitation not req’d § 40-13-2(D)
to children in all the to be deemed a (West 2009)
manners as set household
above and any member. N.M.
incident of stalking STAT. ANN. § 40-
or sexual assault 13-2(D) (West
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
whether committed 2009) ; abuser not
by a household required to be a
member or not. household member
N.M. STAT. ANN. § if abuse is stalking
40-13-2(C) (West or sexual assault
2009) N.M. STAT. ANN. §
40-13-2(C)(1)
(West 2009)
New York Assault, attempted Any person A person related to Statute silent Unclear Yes Yes/No No/Yes Yes, Yes
assault by a related to the the victim by blood but protects (teen) N.Y. FAM. N.Y. FAM. N.Y. FAM. CT. medical N.Y. FAM. CT.
N.Y. FAM. CT. ACT § 842
respondent on alleged abuser by or affinity, current those who CT. ACT CT. ACT ACT care and ACT
(MCKINNEY 2009)
his/her current or blood or marriage, or former spouse, have been in Yes (adult) § 842 § 842 § 842(a) treatment § 842(j)
former spouse, including current person who has a an “intimate S.B. 8665 (MCKINNEY (MCKINNEY (MCKINNEY N.Y. FAM. (MCKINNEY
DURATION: For a period no
parent, child or or former spouses child with the victim relationship.” (NS) 2009) 2009) 2009) CT. ACT 2009)
more than two years or for
other member of or who has a child regardless whether 2007 NY § 842(h)
no more than five years
the same family or in common with they have been S.B. 8665 (MCKINNE
upon a finding of
household or the alleged abuser married or lived (NS) Y 2009)
aggravating circumstances
engaged in (regardless of together at any N.Y. FAM.
or if the conduct alleged in
disorderly conduct, whether such time, and intimate CT. ACT
the petition is a violation of
harassment, persons have partners. § 812(1)
a valid order of protection.
stalking, menacing been married or Factors the court (MCKINNEY
N.Y. FAM. CT. ACT § 842
or reckless have lived may consider in 2009).
(MCKINNEY 2009).
endangerment together at any determining
toward any such time), a duly whether a rel. is an
person. N.Y. FAM. authorized "intimate
CT. ACT § 812(1) agency, relationship"
(MCKINNEY 2009). association, include but are not
society or limited to: the
institution on nature or type of
behalf of the relationship,
victim, a peace regardless of
officer or a police whether the
officer on behalf of relationship is
the victim. [822(b) sexual in nature;
and (c)], and non- the frequency of
related intimate interaction
partners between the
regardless of persons; and the
whether they have duration of the
lived together. relationship.
(2007 NY S.B. (2007 NY S.B.
8665 (NS);N.Y. 8665 (NS); N.Y.
FAM. CT. ACT § FAM. CT. ACT §
812-822 812(1) (MCKINNEY
(MCKINNEY 2009). 2009).
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
North Carolina The commission of Victim of abuse, Any one of the Not as dating Unclear Yes, Yes/Yes Yes No Yes
one or more of the parents can file for following: current partners but (teen) temporary N.C. GEN. N.C. GEN. N.C. GEN.
N.C. GEN. STAT. ANN. § 50B
following acts by a their children aged or former spouse, might qualify N.C. GEN. STAT. ANN. STAT. ANN. § STAT. ANN. §
-1 (West 2009)
person who the below 18 years if persons of the if “former or Yes (adult), if STAT. ANN. § 50B- 50B-39(a)(2) 50B-
aggrieved party they reside opposite sex who current of the § 50B- 39(a)(6)-(7) (West 2009) 39(a)(13)
Duration: For a fixed period
ahs had a personal together or if they have or are living household opposite sex 39(a)(4) (West (West 2009)
of time not to exceed one
relationship with or have the child in together, parents members.” N.C. GEN. (West 2009) Unclear
year but can be renewed
to that person’s their custody. N.C. and children, N.C. GEN. STAT. ANN. § 2009)
for a fixed period of time
minor child: GEN. STAT. ANN. § grandparents and STAT. ANN. § 50B-
not to exceed two years.
attempting to 50B -1(b) (West grandchildren over 50B- 1(b)(6)(5)
N.C. GEN. STAT. ANN. § 50B
cause bodily injury, 2009) the age of 16, 1(b)(6)(5) (West 2009)
-3(b) (West 2009)
intentionally persons who have (West 2009)
causing bodily a child together,
injury, placing the current or former
victim in fear of household
imminent serious members, and
bodily injury, opposite sex
harassment which person who
is continuous and respondent has
gives rise to dated. N.C. GEN.
substantial STAT. ANN. § 50B -
emotional distress, 1(b) (West 2009)
and rape or a
sexual offense.
N.C. GEN. STAT.
ANN. § 50B -1(a)
North Dakota Physical harm, Any family or Current or former Statute silent Unclear Yes, Yes/Yes Yes No No
bodily injury, household spouse, family but protects (teen) temporary N.D. CENT. N.D. CENT.
N.D. CENT. CODE § 14-07.1-
sexual activity member or by any member, parent, persons who N.D. CENT. CODE § 14- CODE § 14-
02 (2009)
compelled by other person if the child, persons have been in Yes (adult) CODE § 14- 07.1- 07.1-02(4)(b)
physical force, court determines related by blood or a dating N.D. CENT. 07.1- 02(4)(e) (2009)
DURATION: Left to the
assault or the that the marriage, persons relationship, CODE § 14- 02(4)(c) (2009)
court’s discretion. N.D.
infliction of fear of relationship in a dating rel., those who 07.1-01(4) (2009) Yes
CENT. CODE § 14-07.1-
imminent physical between that persons who are or reside(d) (2009) N.D. CENT.
02(4) (2009)
harm, bodily injury , person and the have resided together, and CODE § 14-
sexual activity alleged abuser is together, persons any other 07.1-02(4)(a)
compelled by sufficient to who have a child person with a (2009)
physical force, or warrant the regardless of sufficient
assault , not issuance of a whether they are relationship
committed in self domestic violence married or have as
defense, on the protection order. stayed together, determined
complaining family N.D. CENT. CODE any other person by the court.
or household § 14-07.1-01(4) with a sufficient rel. N.D. CENT.
members. N.D. (2009) as determined by CODE § 14-
CENT. CODE § 14- the court N.D. 07.1-01(4)
07.1-01(2) (2009) CENT. CODE §14- (2009)
07.1-01(4) (2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Ohio Attempting to Victim of abuse, a Any of the Yes; Statute No/No Yes, Yes/Yes Yes No Yes
cause or recklessly parent or adult following: persons protects temporary OHIO REV. OHIO REV. OHIO REV.
OHIO REV. CODE ANN. §
causing bodily household who are or have “persons OHIO REV. CODE ANN. CODE ANN. CODE ANN.
3113.31 (West 2009)
injury, placing member on behalf resided together; living as CODE ANN. § 3113.31 §3113.31 §3113.31
another person by of any other family former or current spouses” and § 3113.31 (E)(1)(e) (E)(1)(b)-(c) (E)(1)(h)
For a set period no more
the threat of force or household spouse or persons two OH (E)(1)(d) (West (West 2009) (West 2009)
than five years unless
in fear of imminent member. OHIO living as spouse courts of (West 2009)
modified. OHIO REV. CODE
serious physical REV. CODE ANN. (common law appeal have 2009) Yes
ANN. § 3113.31(E)(3)
harm, committing §§ 3113.31(A)(3) spouses who have held this OHIO REV.
(a) (West 2009)
an act with respect and (4) (West cohabitated within applies to CODE ANN. §
to a child that 2009) the past five same sex 3113.31
would result in the years), parent or couples who (E)(1)(g)
child being abused. step parent, child are living (West 2009)
OHIO REV. CODE or step child, together.
ANN. § persons related by OHIO REV.
3113.31(A)(1) blood or marriage, CODE ANN.
(West 2009) and persons with a §3113.31
child together even (A)(3)(i)
if they never lived (West 2009)
together. OHIO
REV. CODE ANN. §§
3113.31(A)(3) and
(4) (West 2009)
Oklahoma Any act of physical Victim of domestic Former or current Statute silent Yes, if aged No No/No No/No No, and Yes
harm, or the threat abuse, stalking, spouse, current but covers 16 or 17 either OKLA. STAT.
OKLA. STAT. ANN. tit. 22, §
of imminent harassment, or spouses of ex persons OKLA. STAT. party may ANN. tit. 22, §
60.2 (West 2009)
physical harm rape or an adult or spouses, parents living or who ANN. tit. 22, § be 60.4(C)
committed by an emancipated including have lived in 60.2(A) (West ordered (West 2009)
DURATION: Three years
adult , minor household grandparents, step the same 2009)/ into
unless extended, modified,
emancipated minor member on behalf parents, adoptive household counselin
vacated or rescinded by the
or minor child ( 13 of any other family parents and foster and current Yes g and/or
court. OKLA. STAT. ANN tit.
years) of age or or household parents, children and former OKLA. STAT. required
22, § 60.11(3) (West 2009)
older against member who is a including dating ANN. tit. 22, § to pay the
another adult, minor or grandchildren, partners. 60.1(1) (West costs.
emancipated minor incompetent. A stepchildren, OKLA. STAT. 2009) OKLA.
or minor child who minor aged 16 or adopted children ANN. tit. 22, § STAT.
are family or 17 can file for a and foster children, 60.1 (West ANN. tit.
household protection order persons otherwise 2009) 22, § 60.4
members or who themselves. OKLA. related by blood or (E)(1)-(2)
are or where in a STAT. ANN. tit. 22, marriage, persons (West
dating relationship. § 60.2(A) (West living or who lived 2009)
OKLA. STAT. ANN. 2009) in the same
tit. 22, § 60.1(1) household ,
(West 2009) persons with a
child together
regardless of
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
marital status or
whether they have
lived together at
any time and this
includes the elderly
and handicapped;
current or former
dating partners.
OKLA. STAT. ANN.
tit. 22, § 60.1(4)
(West 2009)
Oregon The occurrence of Victim of domestic Current of former Statute silent Unclear Yes, No/No Yes, but if No, but Yes
one or more of the abuse within the spouse, adult but it does (teen) temporary victim is sole court can OR. REV.
OR. REV. STAT. ANN. §
following acts last 180 days. OR. related by blood, protect OR. REV. or part owner order STAT. ANN §
107.705 (West 2009)
between family or REV. STAT. ANN. § marriage or persons who (adult) Only if STAT. ANN of the home responde 107.718
household 107.705(3) (West adoption to the have been in dating § 107.718 or is married nt to give (1)(h) (West
DURATION: One year. OR.
members: 2009) abuser, current or an “intimate involved a (1)(a) to the petitioner 2009)
REV. STAT. ANN. §
attempting to former cohabitant, sexual sexually (West abuser. emerg’cy
107.716(5) (West 2009)
cause or persons in an relationship” intimate 2009) OR. REV. monetary
intentionally, intimate sexual with the relationship STAT. ANN § assist.
Can be renewed for an
knowingly or relationship within abuser. within the last 107.718 OR. REV.
additional year upon a
recklessly causing the past two years OR. REV. two years (1)(b) (West STAT. ANN
finding that Petitioner would
bodily injury, preceding date of STAT. ANN § OR. REV. 2009) § 107.718
reasonably fear abuse by
intentionally, application for a 107.705 STAT. ANN § (1)(h)
Respondent if order is not
knowingly or CPO, persons who (3)(e) (West 107.705(3)(e) Yes (West
renewed.
recklessly placing have a child 2009) (West 2009) OR. REV. 2009)
OR. REV. STAT. ANN. §
another in fear of together but are STAT. ANN §
107.725 (West 2009)
imminent bodily not married to each 107.718(1)(c)
injury and causing other. OR. REV. (West 2009)
another to engage STAT. ANN. §
in involuntary 107.705(3) (West
sexual relations by 2009)
force or threat of
force. OR. REV.
STAT. ANN. §
107.705(1) (West
2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Pennsylvania Attempting to An adult or Current or former Yes, statute No (teen) 23 Yes, Yes/Yes Yes Yes Yes
23 PA. STAT. ANN. § 6102 cause or emancipated spouse, persons protects PA. STAT. temporary 23 PA. 23 PA. STAT. 23 PA. 23 PA. STAT.
(2009) intentionally, minor who is a who are living or persons who ANN. § 6106 23 PA. STAT. ANN. ANN. STAT. ANN. §
knowingly or victim of abuse. A have lived together live(d) as (2009) STAT. ANN. § §6108(a)(2) ANN. § 6108(a)
DURATION: A fixed period of recklessly causing parent, adult as spouses, spouses and § 6108(a)(3) (2009) 6108 (2009)
time not to exceed three ( with or without a household parents and current or Yes (adult), 6108(a)(4) (2009) (a)(8)
years. An extension can weapon): bodily member or children, family former but only for (2009) Yes (2009)
also be granted if the court injury, rape, guardian ad litem member related by intimate or current or 23 PA. STAT.
finds the respondent involuntary deviate on behalf of a blood or marriage, sexual former sexual ANN. §
entered into conduct that sexual intercourse, minor child or current or former partners and or intimate 6108(a)(6)
indicates he poses a sexual assault, incompetent adult. sexual or intimate case law partners (2009)
continued risk of harm to statutory sexual 23 PA. STAT. ANN. partner, persons states that 23 PA. STAT.
victim. 23 PA. STAT. ANN. § assault, § 6106 (2009) who have a child same sex ANN. § 6102
6108(d) AND (e) (2009) aggravated together. 23 PA. partners (2009)
indecent assault, STAT. ANN. § 6102 qualify as
indecent assault or (2009) such.
incest; placing 23 PA. STAT.
another in ANN. § 6102
reasonable fear of (2009)
imminent serious D.H. V. B.O.,
bodily injury; false 734 A2D 409
imprisonment; (1999).
physically or
sexually abusing
minor children;
knowingly
engaging in a
course of conduct
or repeatedly
committing acts
toward another
person, including
following the
person, without
proper authority
under
circumstances
which place the
person in
reasonable fear of
bodily injury. 23 PA.
STAT. ANN. § 6102
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Rhode Island Any of the following Any person Any one of these Statute silent Yes/Yes No No/No Yes, unless No No
acts committed by suffering from persons: current or but protects R.I. GEN. defendant
R.I. GEN. LAWS § 8-8.1-3
a current or former domestic abuse. former spouse, “persons who LAWS has sole
(2009)
family member, R.I. GEN. LAWS § parent or step are or have § 8-8.1-1(3) legal interest
dating partner, or 8-8.1-3(A) (2009) parent, minor been in (2009) and in the
DURATION: For a fixed
cohabitant: children, step substantive § 8-8.1- household.
period not to exceed three
attempting to children, persons dating 3(a)(1) (2009) R.I. GEN.
years. Order may be
cause or causing related by blood or relationship LAWS
extended upon petition and
physical harm, marriage, step within the §8-8.1-3
as the court deems
inducing fear of children and step past one (a)(2) (2009)
necessary to protect the
imminent serious parents, persons year” and
victim from further abuse.
physical harm, who have a child cohabitants. Yes
R.I. GEN. LAWS § 8-8.1-
inducing together even if R.I. GEN. R.I. GEN.
3(H)(i) (2009)
involuntary never married to LAWS LAWS
engagement in each other, dating § 8-8.1-1(3) §8-8.1-3
sexual relations by partners within the (2009) (a)(1) (2009)
force, threat of past 12 months if
force , or duress, other party is a
stalking and minor, current or
cyberstalking. R.I. former cohabitants
GEN. LAWS § 8-8.1- within the last three
1(3) (2009) years, dating
partners within the
last one year. R.I.
GEN. LAWS § 8-8.1-
5(b) (2009)
South Carolina Physical harm, Any household Spouse or former No, protects No/No, Yes, Yes/Yes Yes when No Yes
bodily injury, member in need spouse, person household unless they temporary S.C. CODE respondent S.C. CODE
S.C. CODE ANN. § 20-4-40
assault, threat of of protection or who has a child members, are current or S.C. CODE ANN. has legal ANN.
(2009)
physical harm, any household with the other defined by former ANN. § 20-4-60 duty to §20-4-60
sexual offences member on behalf party, or male and blood and cohabitants. § 20-4-60 (b)(2) support (c)(7) (2009)
DURATION: For a fixed
committed against of a minor child. female who are or marital (b)(1) (2009) petitioner or
period of time not less than
or by a family or S.C. CODE ANN. § have cohabited relationship (2009) petitioner’s
six months and not more
household 20-4-20(b) (2009) previously. S.C. or “male and minor
than one year. May be
member. S.C. CODE ANN. § 20-4- female” children.
extended with notice to
CODE ANN. § 20-4- 40(a) (2009) cohabitants. S.C. CODE
parties and good cause
20(a) (2009) S.C. CODE ANN.
S.C. CODE ANN. § 20-4-
ANN. §20-4-60
70(A) (2009)
§ 20-4-40(a) (c)(3) (2009)
(2009)
Yes
S.C. CODE
ANN. § 20-4-
60(a)(2)
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
South Dakota Physical harm, Victim of abuse Former or current Statute silent No/No Yes, Yes/Yes Yes No Yes
bodily injury, against any family spouse, persons but protects temporary S.D. S.D. S.D.
S.D. CODIFIED LAWS § 25 -
attempts to cause or household related by blood, “persons S.D. CODIFIED CODIFIED CODIFIED
10-3 (2009)
physical harm or member. S.D. adoption or law, living in the CODIFIED LAWS LAWS LAWS
bodily injury, CODIFIED LAWS § persons who live or same LAWS §25-10-5(4) §25-10-5(1) §25-10-5(6)
DURATION: The court fixes
infliction of fear of 25 -10-1(2) (2009) have lived together household” §25-10-5(3) (2009) (2009) (2009)
period which may be five
imminent physical in the same and “persons (2009)
years or less. S.D.
harm or bodily household, who have Unclear
CODIFIED LAWS § 25 -10-
injury between persons who have lived
1(3) (2009)
family or household a child together together.”
members, any regardless of S.D.
violation of a TPO, whether married to CODIFIED
and any crime each other or not. LAWS
committed b/w S.D. CODIFIED §25 -10-1(2)
family or household LAWS § 25 -10-1(2) (2009)
members. S.D. (2009)
CODIFIED LAWS §
25 -10-1(1) (2009)
Tennessee Inflicting or Any victim of Current or former Statute silent Yes/Yes Yes, Yes/Yes Yes No Yes
attempting to inflict domestic abuse, adult or minor but protects TENN. CODE temporary TENN. TENN. CODE TENN. CODE
TENN. CODE ANN. § 36-3-
physical injury on stalking or sexual spouses, adults or partners that ANN. TENN. CODE CODE ANN. ANN. ANN.
605 (West 2009)
an adult or minor assault. TENN. minors who live or have or § 36-3-601 ANN. § 36-3-606 § 36-3-606 §36-3-606(a)
intentionally, CODE ANN. § 36-3- have lived currently (5)(C) (West § 36-3-606 (a)(7) (a)(4) (West (West 2009)
DURATION: One year.
placing an adult or 601(11) (West together, adult or cohabitate 2009) (a)(6) (West 2009)
TENN. CODE ANN. § 36-3-
minor in fear of 2009) minors who are or and dating (West 2009)
605(b) (West 2009).
physical harm, have dated or had and those 2009) Yes
physical restraint or sexual relationship, who have TENN. CODE
Can be modified to up to 5
malicious damage adults or minors had dating or ANN.
years if Respondent
to the personal related by blood or sexual § 36-3-606
violates order. Can be
property of the adoption, adult or relationship. (a)(2) (West
modified to up to 10 years
abused party, and minors who are or TENN. CODE 2009)
for a second or subsequent
inflicting or were related by ANN.
violation. TENN. CODE ANN.
attempting to inflict marriage , adult or §36-3-601
§ 36-3-605(d) (West 2009)
harm on pets. minor children in a (5)(B)& (C)
TENN. CODE ANN. § relationship (West 2009)
If order of protection
36-3-601(1) (West described by any
ordered by court, and
2009) of the above
Petitioner or Respondent
mentioned. TENN.
files for divorce, Order of
CODE ANN.
Protection is valid until
§36-3-601(5)(A-F)
court modifies or dissolves
(West 2009)
order TENN. CODE ANN. 36-
3-603(a) (West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Texas an act intended to A prosecuting Any one of the Statute silent No (teen) Yes Yes/Yes Yes No Yes
result in physical attorney or following: current but protects TEX. FAM. TEX. FAM. TEX. FAM. TEX. FAM. TEX. FAM.
TEX. FAM. CODE ANN. §
harm, bodily injury, Department of or former spouse, former or CODE ANN. § CODE ANN. CODE ANN. CODE ANN. CODE ANN.
82.004 (Vernon 2009)
assault or sexual protective and sibling (brother or current 82.002 § 85.021(3) § 85.021(4) § 85.021(2) § 85.022(a)
assault , threat that regulatory sister), blood household (VERNON (Vernon (Vernon (Vernon (Vernon
DURATION: Valid for the time
reasonably places services on behalf relative, relative by members; 2008) 2009) 2009) 2009) 2009)
specified in the order which
member in fear of of a victim of marriage, person household is
is not to exceed two years.
imminent physical abuse, an adult who has a child composed of Yes (adult) Yes
If No time is specified, it
harm, bodily injury member of the with the victim, persons TEX. FAM. TEX. FAM.
expires on the second
or assault , sexual family of current or former living CODE ANN. §§ CODE ANN.
anniversary of the date the
assault but does household for a roommate, foster together 71.004 and § 85.022
order was issued. Order
not include any protective order parent, foster child, regardless of 71.0021 (Vernon
may be extended upon
action taken in self for family violence person who the whether they (Vernon 2009)
expiration if the court finds
defense; abuse by committed against abuser has dated are related to 2009)
a continuing need for the
a family or a member of the or is currently each other.
PO exists. TEX. FAM. CODE
household member family or dating, anyone Persons in
ANN. § 85.025(A)(1)-(2)
towards a child in household, an who sexually dating
(Vernon 2009)
the household; and adult in a dating assaults the victim. relationship
dating violence. relationship for a TEX. FAM. CODE also covered.
TEX. FAM. CODE protective order ANN. § 71.0021- TEX. FAM.
ANN. § 71.004 for dating 004 (Vernon 2009) CODE ANN. §
(Vernon 2009) violence, an adult 71.0021-
to protect a child 71.005
from family (Vernon
violence. TEX. 2009)
FAM. CODE ANN. §
82.002 (Vernon
2009)
Utah Any criminal Any cohabitant An emancipated Unclear; No/No Yes, Yes/Yes Yes/Yes No Yes
offense involving who has been or minor or person statute temporary UTAH CODE UTAH CODE UTAH CODE
UTAH CODE ANN. 1953 §
violence or is likely to have 16+ yrs who is/was protects a UTAH CODE ANN.1953 § ANN.1953 § ANN.1953 §
78B-1-101 (West 2009)
physical harm or been subjected to a spouse of the person who ANN.1953 § 78B-7-106 78B-7-106 78B-7-106
threat of violence abuse or domestic other party, is/was is or was 78B-7-106 (2)(i) (West (2)(c) (West (2)(h) (West
DURATION: Civil Law
or physical harm or violence, living as if a living as the (2)(f) (West 2009) 2009) 2009)
Portion: For a designated
any attempt, regardless of spouse, is related spouse of the 2009)
period of time not to exceed
conspiracy, or whether the by blood or other party or
150 days unless the reason
solicitation to person has left the marriage, or has 1 who
for extending it for longer is
commit a criminal residence to avoid or more children in resides(ed)
indicated by the court on
offense involving the abuse. UTAH common, is the with the other
the record. Criminal Law
violence or CODE ANN. 1953 § biol. parent of other party. UTAH
Portion: 2 years, followed
physical harm, 78B-7-103(1) party's unborn CODE
by possibility of hearing to
when committed by (West 2009) child, is/was ANN.1953
dismiss. UTAH CODE ANN.
one cohabitant residing in same §78B-7-
1953 § 78B-7-106(6)(A)
against another. residence as the 102(2) (West
&(C) (West 2009)
Also includes other party. UTAH 2009)
commission or CODE ANN.1953
attempt of any of §78B-7-102(2)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
the following by
one cohabitant
against another:
aggravated
assault, assault,
criminal homicide,
harassment,
electronic
communication
harassment,
kidnapping,
mayhem, sexual
offenses, stalking,
unlawful detention,
violation of a
protective order,
offenses against
property,
possession of
deadly weapon
with intent to
assault, discharge
of firearm,
disorderly conduct,
child abuse. UTAH
CODE ANN. 1953 §
78B-7-102(5)
Vermont The occurrence of Any family or Any one of the Statute Yes/Yes Yes Yes/Yes Yes No Yes
one or more of the household following persons: protects VT. STAT. VT. STAT. VT. STAT. VT. STAT. VT. STAT.
VT. STAT. ANN. tit. 15, §
following acts member who is a persons who have persons “who ANN. tit. 15 ANN. tit. 15 ANN. tit. 15 ANN. tit. 15 ANN. tit. 15 §
1101(5) (2009)
between family or victim of abuse by or are currently are/have §1101(2) §1103(c)(2) §1103(c)(2) §1103(c)(2)( 1103(c)(1)
household another family or living together, are been living (2009) (C) (2009) (E)-(F) B) (2009) (2009)
DURATION: Court fixes the
members: household sharing or have together, (2009)
time period. VT. STAT. ANN.
attempting to member. Can shared occupancy who are/have Yes
tit. 15, § 1103(d) (2009)
cause or causing apply on his/her of a dwelling, are been sharing VT. STAT.
physical harm, own behalf or on or have been a dwelling, ANN. tit. 15
placing another in behalf of his/her involved in a are/have §1103(c)(2)(
fear of imminent children provided sexual relationship, been A) (2009)
serious physical they are victims of minors or adults engaged in
harm, child abuse, abuse by a family who are dating or sexual
stalking, and or household have dated. VT. relationship
sexual assault. VT. member. VT. STAT. ANN. tit. 15, § & who have
STAT. ANN. tit. 15, § STAT. ANN. tit. 15, 1101(2) (2009) dated or are
1101(1) (2009) § 1101(1) (2009) dating.”
VT. STAT.
ANN. tit. 15 §
1101(2)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Virginia Domestic violence Victim of abuse. Spouse whether or Statute silent No/No Yes Yes Yes No, not Yes
is referred to as VA. CODE ANN. § not he/she resides but it protects VA. CODE VA. CODE VA. CODE other than VA. CODE
VA. CODE ANN. § 16.1-279.1
Family abuse. It 16.1-279.1 (West in the same house, “persons who ANN. §16.1- ANN. §16.1- ANN. §16.1- atty’s ANN. §16.1-
(West 2009)
means any act 2009) former spouse, cohabitate(d) 279.1(A(8) 279.1(A1) 279.1(3) fees. 279.1(8)
involving violence, parents, ” Attorney & A1) (West (West 2009) (West 2009)
DURATION: For a specified
force or threat stepparents, Generals' (West 2009) /Only
period not to exceed 2
including but not children, opinion in 2009) in terms of Yes
years. VA. CODE ANN. §
limited to, any stepchildren, 2006 implies alternative VA. CODE
16.1-279.2 (West 2009)
forceful detention, brothers, sisters, that same- housing VA. ANN. §16.1-
which results in half-brothers, half- sex partners CODE ANN. 279.1(2)
bodily injury or sisters, living §16.1- (West 2009)
places one in grandparents/childr together 279.1(A(6))
reasonable en regardless of could be (West
apprehension of whether they considered to 2009)
bodily injury reside in the same be
committed against house; mother-in- cohabitating,
family or household law, father-in-law, contradicting
member. VA. CODE son-in-law, memo from
ANN. § 16.1-228 daughter-in-law, 1994. 2006
(West 2009) brother-in-law and Va. AG
sister-in-law LEXIS 34
residing at the (September
same house with 14, 2006).
the person, person 2006 WL
who has a child 4286442
with another Opinion No.
whether or not they 06-003
have been married September
or resided together 14, 2006.
at any time; current Practice
cohabitants or who varies by
have cohabited jurisdiction.
within the last 12
months and any
children of either
cohabitant then
residing in the
same house with
the abuser. § 16.1-
228 (West 2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Washington Physical harm, Victim of domestic Current or former Yes; Yes, if both Yes No/No Yes No, Yes
bodily injury, violence on spouses and Domestic 16 years or WASH. REV. WASH. REV. except WASH. REV.
WASH. REV. CODE §
assault or the his/her behalf or domestic partners, partners older/Yes CODE § CODE § attorney’s CODE §
26.50.010 (2009)
infliction of fear of on behalf of a persons who have protected as WASH. REV. 26.50.060 26.50.060 fees and 26.50.060
imminent physical minor family or a child in common are dating CODE § (1)(d) (1)(b) (2009) other (1)(f) (2009)
DURATION: If order includes
harm, bodily injury household regardless of partners and 26.50.010 (2009) costs
a provision restraining the
or assault between member however, whether they have those who (c)(2) (2009) Yes incurred in
abuser from contacting
family or household victim under 18 been married or reside WASH. REV. bringing
minor children, it will last for
members, sexual years but over 16 have lived together together or CODE § the action.
one year otherwise the
assault of one is not required to at any time, adult have resided 26.50.060(c) WASH.
order may be for a fixed
family or household petition through persons related by together in (2009) REV.
period or permanent.
member by an adult or blood or marriage, the past. CODE §
WASH. REV. CODE §
another, stalking of guardian. W ASH. adult persons who WASH. REV. 26.50.060
10.14.080(2) (2009)
one family or REV. CODE § are presently CODE § (g) (2009)
household member 26.50.010(c)(2) residing together or 26.50.010
by another family (2009) who have resided (c)(2) (2009)
or household together in the
member. WASH. past, persons
REV. CODE § sixteen years of
26.50.010 (2009) age or older who
are presently
residing together or
who have resided
together in the past
and who have or
have had a dating
relationship,
persons sixteen
years of age or
older with whom a
person sixteen
years of age or
older has or has
had a dating
relationship, and
persons who have
a biological or legal
parent-child
relationship,
including
stepparents and
stepchildren and
grandparents and
grandchildren.
WASH. REV. CODE
§ 26.50.010 (c)(2)
(2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
West Virginia Between family or Victim of abuse, Former or current Statute silent No (teen) W. Yes Yes/Yes Yes Yes No
household an adult family or spouses, sexual or but it protects VA. CODE § W. VA. W. VA. W. VA. CODE W. VA.
W. VA. CODE § 48-27-501
members: household intimate partners, persons who 48-27-305 CODE CODE §48-27- CODE
(2009)
attempting to member for the dating partners; live as (2009) §48-27- §48-27- 503(1) §48-27-
cause or protection of the persons who live spouses, /Yes (adult) 503(3) 503(5)(6) (2009) 503(11)
DURATION: 90 or 180 days
intentionally, victim or on behalf together or used to current or W. VA. CODE (2009) (2009) (2009)
at the discretion of the
knowingly or of a minor child or live together in the former § 48-27-204 Yes
court. W. VA. CODE § 48-27-
recklessly causing a physically or same household; intimate (2009) W. VA. CODE
505 (2009)
physical harm to mentally persons having a partners, and §48-27-
another with or incapacitated child together; dating 503(2)
without dangerous family or parent, stepparent, persons. (2009)
or deadly weapons; household sibling, half-sibling, W. VA. CODE
placing another in member; a person step-sibling, father § 48-27-204
reasonable who reports or in law or mother in (2009)
apprehension pf witnesses the law, stepfather in
physical harm; domestic violence law or step mother
creating fear of and has been in law, child or
physical harm by abused, stepchild, daughter
harassment, threatened, in law or son in
psychological harassed or law, step daughter
abuse or intimidated as a in law or step son
threatening acts; result. W. VA. in law,
committing either CODE § 48-27-305 grandparent, step
sexual assault or (2009) grandparent, step
sexual abuse ; grand aunt, aunt,
holding , confining, aunt in law or step
detaining or aunt, uncle, uncle
abducting another in law or step
person against that uncle, niece or
person's will. nephew, first or
W. VA. CODE § 48- second cousin.
27-202 (2009) W. VA. CODE § 48-
27-204 (2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
Domestic Violence Civil Protection Orders (CPOs) By State 6/2009
CPO
CPO Kick out
Definition of Who qualifies Definition of against Child/
CPO Statute and against Child order? Resti- Catch-all
Domestic for an order? Abuser teen/adult Spousal
Duration of Order same sex Custody? Stay away tution? Provision?
Violence (DV) (Petitioner) (Respondent) dating Support?
partner? order?
partner?
Wisconsin Domestic abuse is An adult victim, Spouse, parent, Statute silent No/Yes No No/No No No Yes
when one or more child victim or a child or person but protects WIS. STAT.§ WIS. STAT.
WIS. STAT. § 813.12(5)
of the following parent, stepparent related by blood or persons 813.12(1)(ag) Yes § 813.12(5)
(2009)
occurs between or legal guardian adoption to currently or (2009) WIS. STAT. (2009)
family or household of the child. WIS. another, adult formerly § 813.12(3)
DURATION: Four years. W IS.
members or dating STAT. § 813.12 caregiver, former residing (2009)
STAT. § 813.12(4)(C) (2009)
partners; infliction (2009) spouse, current or together and
of physical pain, former dating current or
physical injury or partner, person former dating
illness, intentional who has a child partners.
impairment of with the victim, and WIS. STAT.§
victim's physical persons who 813.12(1)(b)
condition, property currently or have (c) (2009)
destruction and resided with the
threat to engage in person in the past
any of the WIS. STAT. §
mentioned acts; 813.12(1)(b)(c)
sexual contact or (2009)
intercourse w/o
consent. WIS. STAT.
§ 813.12(1) (2009)
Wyoming Physical abuse, A victim of Any one of these: Statute silent Unclear Yes Yes/Yes Yes Yes but Yes
threat or attempt domestic violence. persons married to but protects /Yes WYO. STAT. WYO. STAT. WYO. STAT. only WYO. STAT.
WYO. STAT. ANN. § 35-21-
thereof or acts WYO. STAT. ANN. § each other, persons WYO. STAT. ANN.§ 35- ANN. § 35- ANN. § 35- medical ANN. § 35-
103 (2009)
which 35-21-102 (2009) persons living as if currently or ANN. 21-105(b)(i) 21-105 21-105(a)(i) costs. 21-105(a)(vi)
unreasonably married, persons formerly §35-21-102 (2009) (b)(ii) (2009) WYO. (2009)
DURATION: One year but
restrain the formerly married to living (2009) (2009) STAT.
ordered may be extended
personal liberty of each other, together, Yes ANN. §35-
for subsequent one year
any household persons formerly other adults WYO. STAT. 21-105
periods with a showing of
member, placing a living with each sharing ANN. § 35- (b)(iii)
good cause. W YO. STAT.
household member other as if married. common 21-105 (a)(iii) (2009)
ANN. § 35-21-106(b) (2009)
in reasonable fear Parents and their living (2009)
of imminent adult children, quarters, and
physical harm or adults sharing persons who
causing a common living are or have
household member quarters, persons been in a
to engage who have a child dating
involuntarily in together but not relationship.
sexual activity by living with each WYO. STAT.
force, threat of other and persons ANN.
force or duress. who are in or have § 35-21-102
WYO. STAT. ANN. § had a dating (2009)
35-21-102 (2009) relationship. § 35-
21-102 (2009)
Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at abacdvta@abanet.org
The law is constantly changing! Please independently confirm the data you find here.
