Who has the authority to issue an order of protection?

Judges have the authority to issue an order of protection. This power is typically granted under state law, allowing judges to evaluate the circumstances of a case and determine whether there is a valid reason to provide protection for an individual who may be at risk of harm or harassment. In many situations, individuals seeking protection must present their case to a judge, who will then decide whether to grant the order based on the evidence provided.

Law enforcement officers can assist in the enforcement of an order of protection but do not have the authority to issue one. Governors and prosecutors also do not have the jurisdiction to issue these types of orders directly. The legal framework surrounding orders of protection is structured to ensure that judicial discretion and oversight are maintained to protect the rights and safety of individuals involved.