Virtual Pro Se Clinic Checkerboard
Civil Protection Orders:
The Process
1 / Get the Court Forms
You can find the Court forms online or visit your local courthouse.
2 / Talk to an expert
Consult with a professional. Advocates and attorneys can assist you in understanding any risks you may face, link you to relevant services, and support you in filling out the necessary forms. Additionally, advocates may accompany you to court.
3 / Complete and file Court Forms
Complete all required forms. To file, you must go to the Clerk's office in-person to file. Contact the local court where you live, where your abuser lives or where the abuse happened.
4 / First Hearing
On the day you file, the Court will conduct an emergency hearing as an "ex parte" hearing, which the abuser does not attend. During this hearing, you and your lawyer (if you have one) will meet with the judge, who will review your forms and may ask you some questions. The judge will then determine if you require a temporary civil protection order that takes effect immediately. This will specify the date and time for your next court appearance to seek a permanent order. If you fail to secure the permanent order, the temporary one will be vacated, meaning it will no longer be in effect and will not provide protection for you or your children.
5 / Personal Service
To start a case, the initial legal documents must be served correctly to the opposing party according to the law. This process is known as service of process. The law requires these documents be delivered by someone who is at least 18 years old and not involved in the case. You can hire a paid process server, who can be found online, or you may ask the Sheriff’s Office or a friend to serve the documents. If you cannot complete personal service before the Permanent Protection Order hearing, you can file a motion with the court to postpone the hearing, giving you additional time to complete the service.
6 / Stay safe
It's important to always keep a copy of the order with you. Additionally, ensure that a copy is left at any location where the respondent/defendant is restricted, such as daycare, work, or school. You may also want to send a copy to your local police or sheriff’s department.
If a civil or criminal protection order is violated after it has been served, you can call the police. The police have the authority to enforce the order by arresting the violator. If you feel unsafe contacting the police, consider contacting a lawyer or an advocate for guidance on your best options.
7 / Preparing for Your Hearing
​The respondent has the right to attend the upcoming hearing and challenge either the entire restraining order or specific parts of it. They may dispute the claims made in the complaint. In that case, it is your responsibility to persuade the judge that the allegations in the complaint are valid and that, without the restraining order, the respondent is likely to continue the abuse.
8 / Second Hearing
​When you go back to court, there are a few choices for both parties involved. If the respondent doesn’t show up, the protective order can become permanent. If the petitioner doesn’t appear, the case will be dismissed. The respondent can choose to come to the hearing and the restraining order or parts of it. If they deny claims made in the complaint, you will need to prove to the judge that the allegations are true and that the respondent will continue the abuse without the order. Both parties can agree to extend the protection order for up to a year. Each party can also ask for time to prepare, but these requests can be denied, so it's essential to provide strong reasons for your request.