What is a Protection Order?
A Protection Order is a court order signed by a judge prohibiting the respondent (the person you are filing against) from:
- Imposing any restraint upon you or upon your liberty.
- Threatening, assaulting, molesting, attacking, or otherwise disturbing your peace.
- Telephoning, contacting, or otherwise communicating with you.
In some cases, a Protection Order can:
- Remove and exclude the respondent from your residence, or
- Make a temporary custody order for any children you and the respondent share.
When a Protection Order is in effect:
- You may have limited contact with the respondent for needs such as exchanging children for visitation or exchanging household items or other property.
- The respondent must refrain from actions prohibited in your Protection Order, such as threatening or harassing you.
- You are expected not to initiate any unnecessary contact or socialize with the respondent.
Procedure to Get a Protection Order?
- Application can be completed and filed at the Red Willow County Courthouse, 502 Norris Avenue, in McCook. Go to the Clerk of the District Court located on the 3rd floor where you will pick up and complete an application.
- You may contact the local Domestic Violence/ Sexual Assault Advocate at 308-345-1612
- The application process for a Protection Order takes about two hours to complete the paperwork. From there, it is given to the District Judge for review.
- A completed application needs to be filed between the hours of 8 to 4 p.m.
- There is no fee to file a Protection Order in Red Willow County.
Be sure to have with you:
- Valid ID or a document in your name
- Three incidents of abuse, including the approximate date.
- Addresses, home and/or work, for the person you are filing against. The Protection Order does not go into effect until the written order is handed to him/her.
- If the respondent is under 19, you need their parents’ or legal guardians’ name and address.
Violation of a Protection Order:
- If the Protection Order is violated, someone needs to call the police.
- If the respondent is present when the police arrive, he/she will be arrested.
- If the respondent has left, a report for violating the order will automatically be filed by the responding law enforcement officer to the County Attorney.
- The County Attorney will review the report and decide if an arrest warrant will be issued.
- Please always keep a copy of your Protection Order with you.
Things to consider before getting a Protection Order:
- How is the offender going to react?
- If you think the respondent may become threatening or dangerous, you need to take precautions.
- Staying with family or friends, or at a shelter, may be the best solution.
- You might also have another adult stay with you.
Will the respondent respect this order of the court?
- A Protection Order can give you a false sense of security.
- Some offenders will violate a Protection Order.
- A Protection Order is only part of the plan to keep yourself and any children safe.
Are you willing to report if the order is violated?
- You are the primary enforcer of the Protection Order.
- You need to be sure the police are called to report a violation.
- Call 911 in an emergency, or in a Non-Emergency situation, contact the Red Willow County Sheriff’s Office at 345-1850, or the McCook Police Department at 345-3450.
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