Asking for a Domestic Violence Protective Order
How to ask for a Domestic Violence Protective Order:
- Obtain forms from the Clerk of Court's office or obtain a printed form prepared by the Administrative Office of the Courts (AOC) and available through the Clerk of Superior Court. To complete it, you will fill in the blanks providing detailed information about yourself, your relationship to the defendant and the acts of domestic violence. You are also able to indicate on your complaint and motion the relief that you want from the court.
- Civil Summons - one white and two yellow
- Complaint and Motion
- Ex Parte
- Identifying Information about Defendant
- Affidavit as to the Status of Minor Child (one for each child for whom you and defendant are parents, guardians, or custodians.)
- Complete the forms. It is important that you provide any and all information about the defendant since this helps to serve notice to the defendant.
- Present completed forms to the Clerk of Civil Court for filing.
- Following filing, the Clerk of Civil Court will provide copies for plaintiff and copies to be served on defendant.
- Go to the county Sheriff's Office where the Temporary Order can be entered. If defendant lives in your county, Sheriff's personnel will serve the defendant with a copy.
- If defendant does not live in your county, plaintiff will need to go to the Sheriff's Office and present forms in order that data may be entered in the police information computer.
- If defendant does not live in your county, plaintiff must give the copy to be served on defendant to the Sheriff of the county where defendant lives. (This may either be hand-delivered or mailed. If mailed, it is recommended that it be by overnight or registered mail.
- A copy of the temporary order should be provided to plaintiff's local police department so that they have a copy on file.
- Plaintiff should make sure that copies of the temporary order are kept in easily accessible places, and also in locations where they may be needed. (Ex: plaintiff's car, workplace, on plaintiff's person, and in locations noted on the order - daycare, family members homes).