Also known as:orders of protection · protective order
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A court order issued to safeguard a party or individual from annoyance, embarrassment, oppression, or undue burden or expense during litigation or related proceedings.
2
Sense 1
1
Sense 1
A court order issued to safeguard a party or individual from annoyance, embarrassment, oppression, or undue burden or expense during litigation or related proceedings.
Examples3
ESI Restoration Dispute
Olga O'Neill served discovery requests on Omega Energy seeking ten years of server logs stored on obsolete tapes. Omega Energy moved for a protective order, showing that restoration would cost over four hundred fifty thousand dollars and require specialized vendors. The court considered whether good cause existed to compel production despite the burden.
Prosecutor Disclosure Relief
Oswald Orozco faced charges and his defense sought exculpatory evidence from the prosecutor. The prosecutor moved for a protective order to withhold certain mitigating information known only to the office. The tribunal evaluated whether the order would relieve the disclosure duty under professional conduct rules.
Sense 2
2
Sense 2
A court order issued in family or child-welfare proceedings that sets conditions on conduct, placement, or supervision to protect a child or party.
Examples3
Foster Care Conditions Order
Orla O'Malley petitioned to continue foster care placement for a child under agency supervision. The court issued an order of protection setting conditions on the agency's behavior to keep the child with the current foster parent. The order operated as both a continuation of care and a behavioral directive enforceable by the court.
A court order issued in family or child-welfare proceedings that sets conditions on conduct, placement, or supervision to protect a child or party.
Each sense below has its own examples, sources, and questions.
Discovery Burden Motion
Odette Orozco sought broad document production from Overland Transport in a contract dispute. Overland Transport filed a motion for a protective order after attempting to confer, citing undue expense and duplication. The court assessed whether good cause supported limits on the requested discovery.
Frequently Asked3
What showing is required to obtain a protective order limiting discovery of electronically stored information?+
The party from whom discovery is sought must demonstrate that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the requesting party may still obtain the information by demonstrating good cause.
When may a prosecutor be relieved of disclosure obligations by a protective order?+
A protective order issued by the tribunal may relieve the prosecutor of the duty to make timely disclosure of evidence that tends to negate guilt or mitigate the offense.
What must a movant certify before seeking a protective order under the discovery rules?+
The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties to resolve the dispute without court action.
Smith v. Organization of Foster Families For Equality and Reform (OFFER)431 U.S. 816, 862-863
Child Custody Supervision Order
Ophelia O'Brien was subject to a protective supervision order requiring cooperation with social services and therapy after a finding that her child was in need of assistance. The order placed ongoing conditions on her conduct while allowing temporary custody. Violation of those conditions could trigger further court intervention.
Baltimore City Department of Social Services v. Bouknight493 U.S. 549, 556 (1990)
Enforcement of Restraining Order
Onyx O'Reilly obtained an order of protection against her former partner requiring him to stay away from her home. Local police declined to enforce the order after a reported violation. The order's effectiveness turned on whether it created an enforceable entitlement to police protection.
Town of Castle Rock, Colorado v. Gonzales545 U.S. 748 (2005)
Frequently Asked2
How does an order of protection function in foster care proceedings?+
The court may issue an order of protection that sets reasonable conditions of behavior to be observed for a specified time by a person or agency before the court, including conditions that keep a child with a particular foster parent.
What conditions may appear in a protective supervision order in a child welfare case?+
The order may require the custodian to cooperate with social services, continue in therapy, and participate in parental aid and training while the child remains in the home under agency oversight.
431 U.S. 816, 862-863Family Law
…the agency take steps to free the child for adoption.[^maj-31] § 392 (7). Moreover, § 392 (8) authorizes the court to issue an "order of protection" which "may set forth reasonable conditions of behavior to be observed for a specified time by a person or agency who is before the court." Thus, the court may order not only that foster…
TortsNegligence · The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third partiesUBEIntermediate