Protection Orders and Harassment

A court order issued to protect a victim of domestic violence or stalking. It prohibits the respondent from harassing, threatening, or contacting the applicant.

The person who seeks the Protection Order from the court.

The individual against whom the Protection Order is issued. They are the subject of the order.

A threat made with the intent and ability to harm, causing reasonable fear in the target.

An order that prohibits the respondent from being at the applicant's home or place of work.

A legal term meaning 'on one side'. It refers to a Protection Order issued without a hearing for both parties.

A course of conduct that intentionally frightens, threatens, or intimidates another person, serving no legitimate purpose.

Willfully harassing another person with the intent to cause harm, fear, or intimidation.

A person commits terroristic threats if they threaten to commit any crime of violence with the intent to terrorize another; with the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or in reckless disregard of the risk of causing such terror or evacuation.

Officers must establish probable cause to arrest someone for violating a Protection Order. This means they must have a reasonable belief that the person broke the order.

The Protection Order restricts the violator from imposing restraint on the personal liberty of the victim.

The Protection Order restricts the violator from threatening, assaulting, molesting, attacking, or disturbing the peace of the victim.

The Protection Order restricts the violator from being on the victim's premises.

The Protection Order restricts the violator from harassing the victim by phone, in person, or through stalking.

Officers must verify that the suspect has been served with a copy of the Protection Order. They can do this by contacting the OPD Information Channel.

A misdemeanor charge for a person who knowingly violates a Protection Order, but has no prior conviction for such violation.

A felony charge for a person who knowingly violates a Protection Order and has a prior conviction for such violation.

A charge for someone who knowingly violates a Protection Order while possessing a firearm, knife, or brass/iron knuckles.

A charge for someone who knowingly violates a Protection Order, without a prior conviction, and is carrying a firearm or destructive device.

A unit within the law enforcement agency that investigates domestic violence-related incidents.

A unit responsible for documenting assault-related incidents, including those connected to Protection Order violations.

A unit that provides forensic services like photography and evidence collection for investigations, including those involving Protection Order violations.

The division responsible for contacting victims of Protection Order violations and providing support.

The Douglas County Sheriff's Office (DCSO) is responsible for removing the violator of a Protection Order, even if they own the property. If the violator is not present, DCSO will send the report to the appropriate investigative squad for follow-up.

If an officer does not enforce a Protection Order, they must document the reason in an Incident Report. This report will be sent to different squads based on the type of Protection Order violated.

The officer will arrest and book the violator if they are present at the scene after the Protection Order was served, even if the violation occurred later on the same day.

For Domestic Abuse Protection Orders, the report will be sent to the Domestic Violence Squad. For Sexual Assault Protection Orders, the report will be sent to the appropriate Assault Squad.

If there is probable cause but the violator is not present, the officer will send the report to the appropriate investigative squad for follow-up. This enables the squad to take further action, such as issuing a warrant.

A Sexual Assault Protection Order violation can occur through sexual assault itself or through non-domestic violence related actions that don't involve sexual assault.

If an Incident Report is not completed, officers will complete an Information Report explaining why the Protection Order was not enforced and forward the report to the appropriate investigative squad/unit.

The OPD may be called to assist with the immediate removal of a violator along with a DCSO process server.

Officers must ensure that the protection order is valid and in effect before assisting with property transfer.

The officer ensures the respondent has received the protection order and it hasn't expired.

Officers must ensure the protection order is current and valid before facilitating property transfer.

Officers must confirm both parties are willing to participate in the property transfer.

To enhance safety for all parties, officers conduct a pat down search for weapons before the property transfer.

Officers are only present for the transfer of essential personal items, not large or unnecessary belongings.

Officers can be present when parties are transferring property under a protection order.

Officers should notify the subject of a protection order that they will be present for a property transfer.

Employees must contact the City Law Department before filing for a Protection Order or responding to one. The City Law Department will determine if the incident is work-related and decide whether to provide legal assistance.

Employees who have been served with a Protection Order must inform their supervisor and the Office of the Chief of Police, and may request a court hearing within five days.

Employees subject to a Protection Order must surrender all firearms to their attorney, a third party eligible to possess firearms, or their supervisor.

Sworn employees who have been served with a Protection Order may be allowed to carry a department-owned loaner firearm during their work shift.

The officer's supervisor will coordinate the assignment of a loaner firearm from the Training Unit if approved.

Employees must document the disposition of their personal firearms, including who has possession and a complete description of each firearm and ammunition.

The Professional Oversight Bureau facilitates the process of employees submitting firearm disposition documentation to the Internal Affairs Unit.

The conditions of the Protection Order apply for one year if the employee does not request a hearing or if the Protection Order is not dissolved in a hearing.