How will a judge determine if a Preliminary Protective Order should be submitted?

• A. Based on sworn statement
• B. Based on police report only
• C. Based on arrest record
• D. Based on victim testimony only

Answer: (A)

The important thing here is that the judge bases the decision to issue a Preliminary Protective Order on information provided in a sworn statement. When the person seeking protection submits a petition under oath, outlining the facts, threats, or harassment and why a quick order is needed, those sworn facts give the judge a credible, enforceable basis to act right away, often as an ex parte measure to prevent imminent harm. A police report isn’t sworn by the applicant and may reflect only what law enforcement observed, so it can inform the judge but isn’t by itself enough to justify an order. An arrest record shows past behavior but doesn’t prove current risk or the need for protection. Victim testimony is crucial but, in practice, the order is grounded in the sworn petition the judge reviews, which ensures the facts are stated under oath and subject to penalties for false statements.