Different Types of Protective Orders and When to Use Each

Victim safety can be increased by helping victims choose and/or obtain the right kind of protective order. Most states have a wide array of protective order options, including criminal no-contact orders, civil or criminal protective orders, civil or criminal stalking injunctions, and child protective orders. This session will: 1) explore a number of types of protective orders; 2) discuss the factors to consider when determining which is most appropriate in a particular situation; and 3) provide suggestions for counseling victims about their protective order options. The foundation for the session will be Utah’s and Idaho’s protective order options, but will also survey and contrast the options in other states. This session is geared toward attorneys with moderate knowledge of crime victims’ rights.

Brandon Simmons is a Staff Attorney for the Utah Crime Victims Legal Clinic. He represents crime victims in criminal cases, advocating for their victims’ rights and helping them to exercise those rights both in court and in their interactions with criminal justice professionals. He also represents crime victims seeking protective orders or stalking injunctions. He was previously the Victim Advocate and Pro Bono Coordinator for the Utah Crime Victims Legal Clinic.

Mr. Simmons received a bachelor’s degree in interpersonal communication from the University of Utah. He worked with at-risk students for about five years at an elementary school. During law school, he worked with child victims at the Utah Office of Guardian ad Litem and the Children’s Law Center of Los Angeles. He received a law degree from Brigham Young University, and has been with the Utah Crime Victims Legal Clinic for about three years.

Carole Wells joined the University of Idaho’s Clinical Program in 2007. She is supervising the Victims’ Rights Clinic. Carole has also been active in Latah and Nez Perce Counties’ Drug Court Programs. Carole was awarded the Denise O’Donnell Pro Bono Award in 2006 and since that time has been a member of the Idaho Volunteer Lawyers Program. To balance her Victims’ Rights work, she is a board member for the American Civil Liberties Union of Idaho as well as the ACLU National Board.

This conference is supported by Grant No. 2008-DD-BX-K001 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.