Service on the Respondent Lawyer Manual

After the EOP hearing, if your client wants to continue seeking a plenary OP, the respondent must be served. A Plenary OP cannot be issued until they are.

There are two types of available service: Personal and Publication.

Personal service

Attempting personal service is the first step. The Petition and Summons are filed with the county Sheriff’s office. A Sheriff’s deputy then attempts to personally deliver the documents to the Respondent. Once the documents are received, the EOP, if it was granted, takes effect. The hearing on the Plenary OP can continue as scheduled.

If the Respondent has not been served, then:

1. The clerk will issue an alias summons (second summons);
2. Advise the Petitioner to list an additional address for service if they have not already (i.e. work address);
3. The court will enter a Disposition Order (extending the EOP for another 21 days).

If the Respondent is not served after the first or second alias summons, ask the court for leave to serve by publication.

Publication service

If the Respondent cannot be found after diligent efforts, they can be served by publication. 735 ILCS 5/2-206. Publication service takes at least 30 days. However, the EOP expires after 21 days.  Thus, it is essential that you go to court on the 21st day and get a new hearing date. 

When the judge is entering an Order for publication, ask that Petitioner be excused from the next status date, and ask the court to waive publication fee.  

Next Steps

1. Check with the Sheriff's Office to see if the Respondent has been served. This may be done multiple times, but must be done a few days prior to the next court date. 
2. Contact your client to check in. Make sure they still want an Order of Protection, and specify what they would like to have the POP say. Check to see if they have heard from the Respondent, and ask if they are available to come to court on the next date.  
3. If there has been service, draft a Plenary Order of Protection. Make sure to include your organization’s information on the bottom of the order. Leave visitation blank, although you should have some ideas about what your client wants.

Enforcement

Your client must know how to enforce their Order of Protection.

If there is a violation of the order, they should call the police. Inform the police of the EOP, and that the Respondent is violating the EOP. 

If the Respondent is there when the police arrive, the Respondent may be arrested and charged without violating the EOP. If the Respondent is not arrested, the client can file a police report against the Respondent for violating the EOP. The client should request a copy of the police report if the officer does not give them one. If the police do not arrive at the scene after the client has called them, the client can go to the nearest police station and file a police report.

In order to pursue criminal charges against the Respondent, the client must take this report to the State’s Attorney’s office to inquire about pressing charges for the violation of the EOP. In Cook County, this is 555 W. Harrison, Chicago, IL. The State’s Attorney’s office is responsible for evaluating the case and determining if charges will be pressed.

Note: The that if the Respondent has not yet been served, the officers may not arrest the Respondent, but instead notify him of the order, which may include giving him a copy of the EOP. If the police give the Respondent notice of the Order, request the officer give the Respondent “Short Form Notification.” If the officer does this, your client should notify you.