How Long Does It Take to Serve Someone with an Order of Protection?
I placed an order of protection on my ex girlfriend that lives with me. We are both on the rental lease. She hasn’t been served yet. She assaulted me and was charged with assault in the 3rd degree three weeks ago. She is still controlling and empowering the situation. She won’t leave our home and the police wont remove her. She hasn’t been served with an order of protection yet.
Once she is served by the sheriff department, who has to leave our home? Me or her? I’m head of the household and the victim. I want her to leave our home.
Answer from Attorney Katrin Falco:
I will assume based upon what you have described that you obtained a Stay Away Order of Protection which will require her to stay away from you, your home and place of business, among other restrictions. Therefore, she will be required to leave the home.
Answer from Attorney Jennifer Sunderlin Morton:
Whether she has to leave at all will depend on the language in the Order of Protection itself. If it is a full “Stay away” order and lists specifically that she has to stay away from you and/or your home, then she would have to leave. In some cases though, the court only issues a “refrain from” order, which does not have the “stay away” provisions, and lists simply that she has to “refrain from” certain conduct..