A protection order is a civil proceeding in District Court.  A petitioner must allege that the respondent, the person that is receiving the temporary protection order from either a process server, or  more likely a Sheriff’s deputy, committed an act of domestic violence against them.  This can run the gamut from harassing behavior to actual physical violence.  As part of the paperwork you will receive a copy of the petition which explains the allegations, a temporary protection order which prevents contact between the Respondent and Petitioner, and importantly sets a quick hearing in usually ten days.  A respondent should be aware of several things:  1) these proceedings can be used against you in a criminal matter and the testimony is recorded and testimony is taken under oath, 2) the consequences of getting finding of domestic violence against you and 3) failure to appear will result in a default judgment.  Before the Court will grant a protection order varying in time from six months to seven years maximum, the Court will have a hearing to determine by a civil standard preponderance of the evidence whether domestic abuse occurred.  Should you receive a temporary order of protection do not hesitate in calling this office for a free consultation at 505-247-9500.  This post is for informational purposes only and does not create an attorney – client relationship.