There are three types of peace orders:
Interim peace orders. If you wish to file for a peace order but the district court clerk’s office is closed, you can file for an interim order by going to the nearest District Court commissioner. If the commissioner believes that you have been abused by the person you are filing against and that the abuser is likely to abuse you again in the future, s/he may issue an interim peace order.* An interim peace order goes into effect once the respondent is served by a law enforcement officer.*1 The interim peace order lasts until a judge holds a temporary peace order hearing or until the end of the second business day that the court clerk’s office is open after the interim peace order is issued, whichever comes sooner.
If the court is closed on the day on which the interim peace order is due to expire, the interim peace order will be effective until the next day on which the court is open, at which time the court shall hold a temporary peace order hearing.*2 The interim peace order has to include the date for the temporary peace order hearing, and a tentative date for the final peace order hearing.*3 Note: Even if you are denied an interim peace order, you can still apply for a temporary or final peace order.*4
Temporary peace orders. When you go to court during normal court hours to file for a final peace order, you can ask for a temporary peace order, which can be issued the same day. If the judge believes that you have been abused by the person you are filing against and that the abuser is likely to abuse you again in the future, s/he may issue a temporary peace order. This order can be issued with or without the abuser present.*5
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The order is effective when it is served.*6 The temporary order is in effect for up to 7 days after service of the order unless the court is closed on the day on which the temporary peace order is due to expire. In that case, the temporary peace order shall be effective until the second day on which the court is open, by which time the court should hold a final peace order hearing. However, the judge may extend the temporary order to allow for service of the order or for another good reason, but not to more than 30 days.*7
Note: If the respondent is at the hearing, the judge may go ahead and hold a hearing for a final peace order instead of a temporary one if you and the respondent agree to this.*8
Final peace orders. The respondent has the opportunity to be present at the final peace order hearing. If the judge believes that you have been abused by the person you are filing against and that the abuser is likely to abuse you again in the future, s/he may issue a final peace order, which can last for up to 6 months.*9 As of October 2011, peace orders can be extended.*10 See Can I modify, cancel or extend my peace order? for more information.
