English
EspañolWhat types of orders of protection are there? How long do they last?
In the CNMI, there are two types of orders of protection that you can file for in civil court.
You can get a temporary ex parte order (“TRO”) if the judge believes you are the victim of domestic or family violence. “Ex parte” means the abuser is not there and does not know about the order in advance. The abuser will be notified after the TRO is entered, and a hearing will be held within ten days.1This hearing is called an “order to show cause” (“OSC”) hearing. The judge will choose the date the order expires.2
At the OSC hearing, you and the abuser can each present evidence and witnesses. If the judge believes the abuser committed domestic or family violence against you, you can get a final order of protection (“OOP”). The judge will choose the date the order expires.3 Typically, an order of protection will be in effect for up to one year. As long as the abuser has been served, a judge can issue a final order of protection whether or not the abuser comes to court.4
Note: A police officer can request an emergency order on your behalf when s/he believes that there has been an incident of domestic or family violence. The officer can call the judge and tell him/her what has happened. If the judge believes that you are in immediate danger, s/he can issue an order either over the phone (oral) or in writing. If it’s an oral order, the officer will write the judge’s order on a form and give a copy to both you and the abuser.5 The law doesn’t specify how long this order will last.
1 8 CMC §§ 1916(a)(1), (d)(1), (e); 1917(a)
2 8 CMC § 1916(e)
3 8 CMC § 1916(a)(2)
4 8 CMC § 1916(c)
5 8 CMC §§ 1915(a), (b)
