A Temporary Protective Order (TPO) is a court ordered document that may prevent an accused person from residing near the person that the TPO is issued to. Should the accused person refuse to vacate after the TPO is issued, law enforcement/marshalls will usually remove said person from the premises.
Due to the nature of co-living, there may be times when a Member feels it necessary to file a TPO against another Member.
TPOs are filed through the county in which the accused person lives. A good way to find instructions for filing a TPO in your specific county is to call the Clerk of your Magistrate Court. If the filing is accepted, TPOs are generally issued on a provisional basis for a period of time until the parties can present their arguments before a judge. After this hearing, the judge will decide to either lift the TPO out or make it permanent.
SEEKING A TPO IS A VERY SERIOUS MATTER THAT AFFECTS THE LIFE OF AN ACCUSED. FILING A TPO SHOULD ONLY BE DONE WHEN YOU HAVE A GOOD FAITH BELIEF THAT YOUR SAFETY IS IN JEOPARDY. IN MANY JURISDICTIONS, THE FILING OF A FRIVOLOUS TPO MAY BE A CRIMINAL ACT AND OPEN YOU UP TO CIVIL LIABILITY SIMILAR TO FILING A FALSE POLICE REPORT.
Per our violence policy, PadSplit will act on TPOs signed by a Judge in the following ways. Please note that it is the responsibility of Members to provide PadSplit with any TPO paperwork to be actioned on.
If a TPO is issued, PadSplit will terminate the Membership of the Member named in the TPO. That Member will be expected to vacate the property.
If the TPO is subsequently lifted by the Judge, PadSplit will reinstate the Membership of the Member named in the TPO. Please note that the Member’s original room/home may no longer be available to book.