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FAMILY COURT ORDER OF PROTECTION INFORMATION SHEET
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WHAT IF THE RESPONDENT HAS NOT BEEN SERVED? You should come back to court even if you have not been able to serve the respondent. Tell the Judge the efforts you made to serve the respondent. If the police attempted service, note the date and times, precinct number, and officers' names who attempted service. Try to get a statement from the police showing their attempts to serve the Respondent. If someone other than police attempted service, write down the dates, times, and places that service was attempted. When you return to court, the Judge may give you more time to try to serve the papers on the Respondent. You can ask the Judge for other ways to serve the respondent, such as service by certified mail. You can also ask the court to issue a warrant if you can not find the respondent or if he is avoiding service.

WHAT IF I DECIDE NOT TO PURSUE THE ORDER OF PROTECTION? You may change your mind once you have started the case. If you decide not to pursue the order of protection, you may wish to come back to court or send a letter asking that your petition be withdrawn "without prejudice." This means that if you change your mind again, and wish to re file at a later date, you can raise the same allegations again in a new petition. You can always come back to court if a new incident occurs.

WHAT HAPPENS IF I DON'T COME BACK TO COURT? It is very important for you to come to court on your adjourn date. In case of a serious emergency, send someone in your place to explain your absence or notify the court by phone or inwriting. It is up to the Judge to decide whether to grant you an adjournment. If you do not appear, your case may be dismissed and you will no longer have a temporary order of protection.

WHAT IF I AM AFRAID TO SEE THE RESPONDENT IN COURT? When you arrive at court, notify a court officer in the part (room) where your case is being heard that you are afraid to see the

respondent. The officer can arrange for you to stay in a place away from the respondent until the Judge calls your case. One possibility is the Safe Horizon Reception area on the 4" Floor (Room 4F 16). Make sure that a court officer knows you are there and where you are waiting. You can ask a court officer to escort you from one location to another or to help keep the respondent away from you. You may also bring a friend, relative or an advocate to court with you who can come with you into the courtroom.

WHAT HAPPENS WHEN I COME BACK TO COURT ON THE NEXT COURT DATE? You will have to return to court to ask for your final order of protection. The respondent has the right to a hearing. You may see a different Judge from the one you saw the first time. The Judge you see on the next court date is the Judge likely to decide your case.

If the respondent does not come to court: You will be asked to show the Judge that the respondent was properly served. You will need to give the Judge an affidavit of service from a relative or friend, or a statement of service from the police. If the court does not conclude that the respondent was properly served, your petition may be dismissed or you many be given more timeto serve. If there are serious allegations, the court might also issue a warrant to bring the respondent back to court immediately.

If the court finds the respondent was properly served, the court will ask you to explain the incidents that you allege in the petition. Be specific: speak clearly and organize your thoughts. Don't forget to tell the Judge if a weapon was used or you were injured. If the Judge finds that a family offense has occurred, the Judge will issue a final order of protection. You can get a copy in room 5C2. The court will send the order to the respondent but you may want to have the police serve the final order as well. This is important in case the respondent violates the order.

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