Domestic Abuse: You've been Served
I filed my order of protection/restraining order, now what?
Who can serve a restraining order/order of protection?
- A friend, relative or process server over the age of 18
- Police officers. They are required by law to help with service and have to try more than once to find the respondent if they cannot find him/her on the first attempt.
It is important that no matter who serves the court papers, you ensure that the person who serves the papers fills out the affidavit of service that the court will give to you and that you bring the completed affidavit to court with you on your return court date. This is your proof that the respondent was served even if s/he doesn’t show up in court.
Service of process (also known as serving the abuser the restraining order/order of protection) is important because an order of protection does not go into effect (is not valid) until it is served. Therefore, the respondent (the abuser) has to be given notice of the court date since they have the right to appear in court.
The abuser has been served, next steps?
It is very important that you attend all of the court dates. If you find out you absolutely cannot attend, contact the court clerk immediately and ask how you can get a “continuance” or an “adjournment” for a later court date. If you do not attend, the judge may dismiss your case and any temporary orders of protection will stop being effective.
If the abuser does not attend the hearing, the court may issue a “default judgment” and you may receive an order of protection against him/her in his/her absence. The judge may hold what is called an “inquest,” which is a one-sided trial where you present your evidence and testimony and the judge decides the case based on that alone. It is also possible that the judge may decide to reschedule the hearing for a different day.
How long does a restraining order/order of protection last?
If you have a temporary order of protection, it may expire on the next court date and another temporary one may be issued that is effective until the following court date. Be sure to look at the expiration date of the order before each court date so you know if the judge should be issuing another temporary order of protection on your return court date. If the judge does not mention that the order of protection is extended or continued, be sure to ask the judge if a new order is being issued on your behalf. Once the case goes to a hearing or trial, if you win your case, the judge would issue a final order of protection.
Still have questions? Visit womenslaw.org for all of the above information and more.