Who may grant a temporary protection order for a child victim, and what must be before that judge for the order to be made at all?
General information · Not legal advice
Material to check
In the practice file, we read the application for a child victim protection order, to see that such an application exists and what measures it names, and the court's ruling on temporary protection, to see which listed measure the judge ordered and the judge's reason for finding it necessary for protecting the child.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows every condition in the provision: the judge of the court with jurisdiction may, by a ruling, temporarily order a measure where an application for a child victim protection order has been made, the judge finds the measure necessary for protecting the child, and the measure ordered is one of the measures listed in the first paragraph of the protection order provision.
Another reading marks what the provision leaves open: it does not say who may make that application, what each listed measure consists of, what showing of necessity suffices, or how the judge chooses among the listed measures, so those points must come from the rest of the Act or from the file itself.
Your judgment
What in the file would show that the judge found the temporary measure necessary for protecting the child, given the provision sets no standard for that necessity?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set out the showing needed before a temporary measure may be ordered, or if a court decision explains what necessity for protecting the child requires.