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I Filed an Order of Protection - Now What?

By Laura Del Prete, published Jan 20, 2007
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You have filed for an Order of Protection*, in Family Court. (If you are unsure of while court you should go to please refer to my article, "How to file an Order of Protection" regarding Family vs. Criminal Court.) The judge granted a temporary order, with a return date, and now you aren't sure what to do. The type of OP and the conditions of the order will be listed on the paperwork given to you by the file clerk. The person who have filed the order is the Petitioner. The person that the order is against is the Respondent.

It was the first time you had gone into court for your order. Upon leaving the courtroom you are told to wait for your paperwork. (Please note: My experience is in New York, so procedures can/will differ from state to state.) Eventually, your name will be called. The file clerk will give you two packets of papers. One packet is a thinner set of papers, which will have two copies of your OP. One is to remain on your person, (in your possession), at all times, and the other is to be kept in a safe place, probably a place the batterer doesn't know about.

The thicker set of papers in the set is to be served to the batterer, as well as paperwork, the affidavit, that must be filled out by the person who serves the order. If that isn't filled out your order is considered null and void.
Someone over the age of 18 must serve the OP and it shouldn't be you. Often times if you serve the order yourself you might irritate the situation and possibly put yourself in danger. If you have no one in your life who can do the delivery, you may contact your local police department. A majority of police departments have a domestic violence unit with officers who work specifically with Orders of Protection. But, if you go to the station and the Domestic Violence Officers aren't there, any police officer can deliver your OP

Another option is the local sheriff's office, who can provide the service free of charge. That phone number can be attained while at the court house or thru your local phone directory. Your last option is to pay a service company to serve to order for you.

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