The respondent must have done one of the
1. Respondent has caused physical harm to
2. Respondent has attempted physical harm
3. Respondent has placed you in
apprehension of immediate physical
4. Respondent has harassed you
5. Respondent has sexually assaulted you
(respondent caused or attempted to engage you
involuntarily in any
sexual act by force, threat of force or duress)
6. Respondent has unlawfully imprisoned
(respondent held, confined, detained or abducted you
against your will)
7. Respondent has coerced you
(respondent compelled you by force or threat of
force to engage in
conduct to which you have the right to abstain from
or the right to
8. Respondent has stalked you
(respondent purposely and repeatedly
harasses or follows you with
the intent of harassing you)
are the petitioner in this action and the person you are
filing against is the respondent.
Remember when you are filling out the petition
explain the acts of abuse in detail as your
statements are what
the Judge will base his decision on as to
whether or not an
order is issued.
You are not required to post a filing fee for
an adult abuse action. You are required to fill out a financial statement which the
Judge will review and base his decision, at the time of the hearing, on who (petitioner or
respondent) will be assessed the costs of this action.
respondent must be served with a copy of the petition and Ex-Parte
Order of Protection at least five (5) days before
the hearing date. You will
be provided with a form to fill out that gives the
instructions on where to locate the respondent.
Make sure that you give
accurate information such as addresses, place of
employment, type of
automobile, places respondent frequents and any
other information that
may be helpful in order to obtain service.
will be given a court date when you are issued the Ex-Parte Order of
Protection. You must appear at this hearing.
If the respondent has not
been served by the court date you will still need to
appear and at this time
you may ask the Judge to schedule another hearing
date and also ask that
the order remain in effect until the next court
You will be representing
yourself (unless you have an attorney to represent
you). At the hearing be prepared to give your
version of the incidents of
abuse to the Judge. If you have any witnesses,
pictures of the abuse or any
other evidence that you feel would be helpful in
presenting your case to the
Judge you may bring them to your hearing.
At the time of the hearing you are entitled to
ask for any of the following and the Judge will make a decision as to what orders you are
1. Refrain the respondent from abusing,
molesting, stalking or disturbing your
2. Refrain the respondent from entering
the premises that you own, rent,
lease, or occupy
3. Grant the custody of the child or
children to petitioner/respondent
4. Grant visitation of child or children
5. Order respondent to pay child support
6. Order respondent to pay maintenance or
alimony if the parties are married
7. Order respondent to pay attorney's
8. Order an assignment of periodic
earnings or other income
9. Order respondent to make rent or
mortgage payments for petitioners
10. Prohibit the respondent from,
transferring encumbering or otherwise
disposing of mutually owned property of
petitioner and respondent
11. Respondent shall provide to
petitioner his/her personal property
12. Order respondent to pay court costs
In order to obtain any of the above, you
must ask for them in your petition and the Judge will decide if
you are entitled to any or all of your requests.
If you are granted a full order of protection
you will be given a copy of the order, keep it with you at all times. If the
respondent stalks, threatens to abuse, abuses, molests, or disturbs the peace of you, call
the police at once. When the police arrive, if the respondent has not been served
with the order give your copy to the police and they will serve him\her with that copy.
You will then need to contact the circuit clerk's office for another copy.
The Ex-Parte Order remains in effect until the
hearing date. The full order of protection if granted by the Judge at the time of
the hearing, can remain in effect for 180 days and upon written request can be renewed for
an additional 180 days.
Your request for an additional 180 days
must be made before the full order of protection expires. You will need to come to
the circuit clerk's office and make your request in writing.
REMEMBER YOU MUST MAKE YOUR REQUEST
BEFORE YOUR FULL ORDER EXPIRES.