FREQUENTLY ASKED QUESTIONS

Do I need to hire an attorney to represent me?

This type of court case does not offer you a court-appointed attorney; however, the decision of whether or not to hire an attorney is up to you.  The Order of Protection process is designed so that you can represent yourself; however, some people are more comfortable having an attorney represent them.  If you decide to hire an attorney, you will need to make sure that s/he knows when your Order of Protection court date is scheduled.This type of court case does not offer you a court-appointed attorney; however, the decision of whether or not to hire an attorney is up to you.  The Order of Protection process is designed so that you can represent yourself; however, some people are more comfortable having an attorney represent them.  If you decide to hire an attorney, you will need to make sure that s/he knows when your Order of Protection court date is scheduled.

How will the judge decide whether or not to enter a Full Order of Protection?

There are different options regarding the entry of a Full Order of Protection.  You can request to have a hearing, which means both the Petitioner and you will provide testimony and present evidence to the judge so that s/he can determine if a Full Order of Protection is necessary.  After the hearing, if the judge believes that the Petitioner needs a Full Order of Protection, s/he will make a finding that you committed the acts of abuse/stalking/domestic violence alleged by the Petitioner and a Full Order of Protection will be entered.  The Petitioner does not need to prove his/her allegations “beyond a reasonable doubt;” rather, s/he must prove that the acts alleged were more likely than not to have occurred.

You will also have the option to enter a Consent Full Order of Protection.  With a Consent Order of Protection, you and the Petitioner do not provide testimony or evidence to the judge, and the judge does not make a finding that you committed the acts of abuse/stalking/domestic violence alleged by the Petitioner.  Rather, you consent (agree) to all of the terms outlined in the Full Order of Protection.

If you do not appear at your court date, the judge may proceed without you by taking testimony/evidence from only the Petitioner and making his/her decision based solely on the information that the Petitioner provides to the court.

If there is a hearing and the judge does not believe a Full Order of Protection is necessary, the case will be dismissed.

I am a Respondent and I was served with an Order of Protection Ex Parte or Summons. What should I do now?

The Ex Parte order or Summons will include a court date and time.  This court date is your opportunity to speak with a judge about the allegations that have been made against you by the Petitioner. The judge will be deciding whether or not to issue a Full Order of Protection, which will be in place for a minimum of six months up to two years.  Once the Judge issues a Full Order of Protection, you will not be able to contest it; therefore, not only does the law require you to attend the hearing, it is also in your best interest to do so.

If the Petitioner received an Ex Parte, you must follow the terms outlined in that temporary order.  This may mean you will have to leave your place of residence and have no contact with the Petitioner.  If you violate the terms of the Ex Parte order, you can be charged with a crime.

I can't make it to my court date, what should I do?

You should make every effort to appear for the court date that has been assigned to your case.  If you do not appear at that court date, the judge could move forward with the case even without you being there.

If you absolutely cannot attend your court date, you will need to make a formal request with the Court to seek a continuance for your case; however, please note that there is no guarantee that this request will be granted by the judge.  For more information on how to request a continuance, you can call the Order of Protection Office at (314) 615-4725.  You may also want to contact the division in which your case is set, which will be noted on the paperwork you received.  Contact information for each Family Court division can be found here.