Can an Emergency Protective Order be requested without an arrest?

• A. Yes
• B. No
• C. Only with consent
• D. Only by a judge

Answer: (A)

Immediate protection can be provided without an arrest. An Emergency Protective Order exists to address imminent danger right away, so a victim or a law enforcement officer can request it by filing a sworn statement or petition with the court. The court can issue the order on an emergency basis (often without the other person present) to bar contact, require the respondent to stay away, or remove the respondent from a shared space for a short time. This protective action prioritizes safety now and is temporary until a full hearing can decide whether to extend or convert it to a longer order. Importantly, this process doesn’t require the respondent’s consent, and while a judge ultimately approves the order, the initial request can be made without an arrest.