How to Get a Child Protection Order

A civil protection order may be a first step to protect a child from abuse or neglect. This guide is a stepping stone to help you get the protection the child needs. It covers how, on behalf of a child, to get a civil protection order against another person that is causing the child physical or emotional harm. 

A protection order is a legal document where a judge tells someone they are not allowed to abuse, stalk, or sexually assault someone. The order will also usually not allow the person to legally come within a certain distance of the protected person or contact them. The protection order may also tell someone that they can’t possess firearms. Protection orders can be used to protect children from people (both adults and other children) who are causing them harm.  

In this article, there are terms that you may hear in court. A “minor” is a person under the age of 18. Minors and their parents can seek protection orders against another minor or someone in a parental role. A youth is in foster care when they have an ongoing dependency or neglect case.

How does a child protection order differ from an adult protection order?

• An adult protection order only protects an adult, whereas a child protection order only protects a minor. 
• In some situations, the court can order a protection order that covers both an adult and the children in the same home.  
• All protection orders can be enforced against anyone who is over the age of 10. 

What is necessary to get a child protection order?

• There is no requirement of making a prior report of the abuse/neglect to law enforcement or to have filed charges. 
• A Child Protection Order is available when a minor is experiencing a harm, which is at least one of the following: 
  • Assault(s) and threatened bodily harm - someone has physically hurt the child or threatened to do so.  
  • Domestic abuse -  a relative that the child lives with has physically hurt the child, harassed them, stalked them, or attempted or threatened to do so.  
  • Sexual violence - someone has sexually touched the child or threatened to do so.
  • Stalking - someone has made a threat to the child and repeatedly followed them or made unwanted contact with them.

Where do I go to get a protection order?

If the minor is in foster care: 

• There are specific professionals that must file the protection order for the child. These include the city/county attorney, guardian ad litem, the child’s attorney, either parent’s attorney, or the judge.  
• Either the parent or the child can ask one of these professionals for help. They can also ask for help from the caseworker or from law enforcement.  
• The court can issue an Emergency Protection Order if there is an immediate threat to the child of sexual abuse or domestic abuse. Hearings on these types of cases happen very quickly and you may not have time to seek additional support for the child.  
• You can also follow similar steps to get a Civil Protection Order for the child.  A Temporary Protection Order is often heard the same day the petition is filed.  

If the minor is a victim of a crime committed by another child:

• When a child hurts another child and is charged with a crime, the court issues a mandatory protection order. The protection order tells the other child, their parents, and anyone else involved in the crime not to contact or hurt the child who was the crime victim. 
• The minor or their parent(s) do not need to ask for this protection. The court issues it as part of a criminal court case. 
• If there is not a criminal case, and the other child is over 10 years old, the child’s parent can seek a civil protection order to protect the child.  

If the minor is experiencing harm from a parent: 

• If the child’s parent, or someone else who is acting as a parent, is hurting the child, the child’s other parent can seek a civil protection order. 
• If the nonabusive parent has also experienced domestic abuse or other danger from the other parent, the parent may file a protection order and request that the court protect both themselves and the child.  
• It is important to note that courts need strong evidence of the child being in danger to include a child in a civil protection order.  
• If there is an existing custody order for the child, you may need to file JDF 1406: Motion to Restrict Parenting Time instead of a civil protection order to change parenting time.  

What does a protection order do?

• A civil protection order protects a minor from being hurt further from the restrained person. 
• Often, the order will prevent the restrained person from going to the child’s home or contacting them.  
• The court may order other things that are legally binding.  
• If someone violates a protection order, it is a crime.  If you have a protection order for your child and someone violates it, you should consider calling law enforcement to report the crime.  

Need more help?

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.