Child protective orders differ from adult protective orders in several key ways.
First, a child protective order can be filed by any interested party to protect a child against an abuser. The respondent does not have to be related to or a cohabitant with the child.
Second, child protective orders are filed in the juvenile court before a juvenile court judge. The juvenile court uses a separate set of procedures for conducting court. However, the case may be transferred to the district court if there is a current family law case involving the parties. In either case, a Guardian ad Litem attorney will likely be appointed from the Office of the Guardian ad Litem to represent the children.
Third, a child protective order requires a finding the the child was either physically or sexually abused, or is in imminent danger of being physically or sexually abused. This is a different standard than an adult protective order which requires “domestic violence.”
Fourth, child protective orders are not permanent orders. Child protective orders expire after 150 days unless the court states otherwise.
Our attorneys are experienced handling both adult and child protective orders. If you have questions regarding a child protective order, please contact our office to discuss your options.