What must be in place before a judge may issue a temporary protection order, and what kinds of order may be issued at that stage?
General information · Not legal advice
Material to check
In practice material of this kind we read the application for a victim protection order, to see on whose application the court is acting and whether it is pending, and the judge's ruling, to see which of the listed forms of order it takes and what facts were put forward for the victim's protection.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the power rests with the judge and only on an application for a victim protection order: where the judge finds an order necessary for the protection of the victim, the judge may, by a ruling, grant a temporary protection order of a kind falling within one of the items of the provision on victim protection orders.
Another reading stresses the two limits on reach: the type of temporary order must correspond to one of the listed items, and the finding required is that the order is necessary for the victim's protection, a standard the provision does not define, so the file has to show what was relied on for it.
Your judgment
What in the papers would show that a temporary order of the particular kind sought is necessary for the victim's protection rather than merely desirable?
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 change who may apply or which kinds of order may be granted at that stage, or if a court decision explains what the finding of necessity for the victim's protection requires.