Learn How to Get a Protective Order
It may take 2 to 3 days to get a protective order. If you are in danger now, call 911.
Learn More: What a Protective Order Can Do?
Step 1 - Fill out the Paperwork
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Forms to Fill Out:
- Forms Kit - This kit has all four forms listed below. (PFD-Fillable)
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Form 1 - Request for a Protection Order - JDF 402 (PDF).
- Wait to sign this form until you are before the clerk when you file.
- Form 2 - Party Information Sheet - JDF 442 (PDF).
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Form 3 - Affidavit Regarding Children - JDF 404 (PDF).
- Only fill out this form if:
- A child (under 19 years old) is one of the protected parties. OR
- You want temporary care of a child as part of the protective order.
- Only fill out this form if:
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Form 4 (optional) - Incident Checklist -JDF 401 (PDF-Fillable).
- You are not required to file this form. This form will help you prepare for the hearings.
- If you do file this form, it will become a part of the Court's Record. It will be seen by the restrained party.
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Make Copies:
- Make a copy of each form you fill out for your records.
- Also, make a copy for each Respondent.
- Learn More: Filling out the Case Caption.
Step 2 - Deliver the Paperwork to the Court
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Where do I File?
- In the County Court either where:
- You live,
- The events took place, OR
- The Respondent lives.
- Find the Court's address using the court finder.
- In the County Court either where:
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How Much is the Filing Fee?
- There is an initial filing fee is $97.
- The fee is waived for cases of domestic violence, sexual assault, or stalking.
- Fee Waiver - Fill out a Motion to Waive the Fees - JDF 205. Complete just the case caption of a Proposed Order - JDF 206.
Step 3 - Attend the Temporary Protective Order Hearing
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What is This Hearing?
- You will go to court and explain why you want a protective order.
- To qualify, the Judge needs to find that you are in imminent danger.
- The Order will only last until a more formal hearing can occur.
- The Respondent will not be at this hearing.
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When will this Happen?
- The hearing will occur the same day, or within a few days, from when you file.
- Hearings are usually scheduled by the clerk when you file the paperwork.
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How do I Prepare for the Hearing?
- Outline the events that led you to request a protective order. The Incident Checklist - JDF 401 may help you get organized to tell your story.
Step 4 - Formally Give the Paperwork to the Respondent
- Form: Affidavit of Service - JDF 98 (PDF-Fillable).
- Learn More: How to Serve the Respondent Formally.
Step 5 - Attend the Permanent Protective Order Hearing
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What is This Hearing?
- The Court will decide if the Protective Order should become permanent.
- The Court will grant your request if the Court finds:
- The Respondent did the things you say they did. AND
- The Respondent will continue to do those things. OR
- The Respondent will intimidate or retaliate against you.
- Learn More: How to Prepare for the Hearing.
- Learn More: The Decision.
Step 6 - Enforce the Protective Order
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Copies:
- Keep a copy of the Protective Order with you at all times.
- Deliver certified copies to key people or places.
- Key people are those that will need to follow the order.
- Examples include your work or daycare center.
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Police Assistance:
- Call the police for every violation of the Protective Order.
- Keep a detailed log of all violations and print out any emails or texts.
- A violation of the Protective Order is a criminal offense.
Learn More: Renters Rights and Protective Orders
Steps to Get a Protective Order
Follow these steps to obtain a Protective Order.
Fill out the Paperwork
Complete the Complaint and Information Sheet.
Deliver the Paperwork to the Court
Attend the Temporary Protective Order Hearing
This hearing will be scheduled when you deliver the paperwork to the Court.
Formally Deliver the Paperwork to the Respondent
Then, be sure to deliver the completed Affidavit of Service to the Court.
Attend the Permanent Protective Order Hearing
This hearing will be scheduled at the Temporary Protective Order Hearing.
Law
This list is to help you start your legal research, but is not a comprehensive list of the laws that may affect your case.
Getting Help With a Protection Order
Find a Protection Order class or clinic in the Legal Aid & Clinics section. Look at the calendar tool to find Protection Order events happening near you soon. You may also find help to understand the process at a nearby court self-help center in the Sherlock section.
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