WHERE DO I GET THE TEMPORARY ORDER? After you have seen the Judge, you must wait to pick up your papers in the waiting area outside room 5C2. You will receive your copies of the temporary order of protection, if one has been issued. You will also receive a summons and copy of the petition for the respondent, if you are arranging service on the respondent. DOES THE RESPONDENT HAVE TO KNOW ABOUT THE PETITION? Yes. You can not get a final order of protection unless the respondent has received notice of the case. HOW DO I SERVE THE PETITION AND TEMPORARY ORDER OF PROTECTION? The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Any person over eighteen years old, except you, may serve these papers. The police, a friend or relative can serve the papers. You can also hire a process server. You (the petitioner) may never serve the papers yourself. Papers for an order of protection may be served any day of the week at any time of the day or night. 1) Service by police:There are two ways to have the police serve the papers. You can take the papers to the precinct yourself and go with the police to serve the papers, or the Court can send them to the precinct. Usually,taking the papers to the precinct yourself is best because you will know whether the papers have been served and it is easier to get proof of service. | If you want the police to serve your papers, go to the precinct where the respondent lives, works, or is to be served. The police may ask you to go with them. (You will remain in the police car.) Sometimes, the police will let you give them a picture of the respondent instead of asking you to go with them. The police are required to make six attempts to deliver the papers. Once the respondent has been served, the police must give you a "Statement of Personal Service" which does not need to be notarized. If the police have been unable to deliver the petition after six attempts, they must give you a statement showing the date and times of the attempts. Ask the police officer for the statement of personal or attempted service and make sure it is signed. Bring this statement with you on the next court date. 2) Service by relative, friend, or process server:If a friend or relative gives the papers to the respondent, this person must complete an "Affidavit of Service" and have it notarized. You must bring this with you when you return to court, or the case will be postponed or dismissed. You may also bring the person who served the papers with you to court. WHAT IF I DON'T KNOW WHERE THE RESPONDENT LIVES? The respondent may be served anywhere. As long as you can arrange for the respondent to be personally served with the court papers, itwill not matter if you don't know where the respondent lives. |