File the completed forms with the Circuit Court Clerk.Please remember, if the papers are served by anyone other than a process server, their signature must be notarized.If you miss a required step, or fail to properly and completely fill out required forms, the Order you get from the Court could be ineffective, and you could remain unprotected.
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The proof of service forms for each are virtually the same, and are located on the back sides of the Petition and PPO forms.
The proof of service requires information on the date, time and place where service occurred.
(See below)The police might not arrest the restrained party, especially if the officer did not witness him commit the acts violating the PPO, or if there was insufficient proof that the Respondent had been served with the PPO papers before the alleged violation occurred.
If the restrained person is not arrested, you will have to file a motion to show cause in the Circuit Court Clerk's office to have a hearing about the PPO violation.
If you want an ex-parte order, you must convince the judge with specific facts contained in your motion that you are in danger of immediate and irreparable injury, harm or damage (injury that cannot be repaired by a court order after the injury happens) if the PPO is not issued.
"Ex-parte" PPOs do not require a court hearing, unless the other party requests a hearing to modify or terminate the order.This is a common bond condition for defendants charged with violent or assaultive crimes, and protects victims if the defendant is released from jail while the charge is pending.Like all other bond conditions, any violation could cause the judge to raise or revoke the bond, in which case the defendant could remain in jail until the case is finished.An adult must be appointed by the court as a "Next Friend" for a minor under 17 years of age (or a legally incapacitated person). The Circuit Court Clerk's staff are not lawyers, and are prohibited from giving legal advice on how to fill the forms out, what to include, etc.The staff cannot assist you beyond explaining internal procedures of the court.If arrested, the restrained party will be brought to a Circuit Court judge within 24 hours.