What must be demonstrated for an application for a protective order to be considered?

For an application for a protective order to be considered, there must be a clear threat of violence demonstrated. This requirement is rooted in the purpose of protective orders, which are intended to safeguard individuals from potential harm or harassment. By establishing that there is a clear threat of violence, the applicant can provide sufficient justification for why protective measures are necessary.

The emphasis on a clear threat illustrates the legal system's focus on preventing actual harm, rather than reacting to vague or uncertain concerns. This requirement helps ensure that protective orders are issued based on credible risks, rather than being based solely on accusations or suspicions without substantive evidence. In contrast, relying on a previous conviction or circumstantial evidence, or requiring the presence of a witness, may not effectively establish the immediate need for protection from potential violence.