Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
If you have an Order of Protection and your abuser is not following it, you can go to court to enforce it. You can go to court for the following reasons:
- You do not want to involve the police or the state's attorney's office;
- The police or state's attorney's office did not bring charges against the abuser; or
- The violation of the Order of Protection is not a crime.
It is best to hire a lawyer to do this if possible.
File a Petition for Rule to Show Cause. To complete this petition, you must:
- Say why you think the abuser did not follow the Order of Protection;
- List the part(s) of the Order of Protection the abuser did not follow; and
- Sign an affidavit that proves your claims.
If you are filing in a county with more than 250,000 people, you will have the option to attend the hearing remotely. You can check the county court website for details on this.
You must give legal notice to the abuser via a form. This will notify the abuser that you filed the Petition for Rule to Show Cause. The judge will order the abuser to come to court and prove that they are not in contempt. The notice must include the date, time, and location of the hearing. Do not personally contact the abuser.
The abuser will have a chance to go to a court hearing and tell their side of the story. It doesn't matter if the abuser actually shows up in court. The abuser just needs the opportunity to do so.
If the judge agrees with you, they can punish the abuser. The type of punishment depends on the violation. Punishment can include:
- Order to stay away from certain locations,
- Jail time,
- Fines, and
- Court fees.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
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