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Checklist – How to Ask for a Personal Protection Order (Nondomestic Sexual Assault) after a Hearing
Following are step-by-step instructions to help you file a Petition for a Personal Protection Order (Nondomestic Sexual Assault) issued after a hearing. If you did not ask for an ex parte PPO and are requesting a PPO after a hearing, follow steps 1-10 below.
If you asked for an ex parte PPO but the judge denied it, you have the right to request a hearing as long as the judge did not dismiss your petition. If you want to do this, start at step 4 below.
Step 1: Complete the forms
If you already filed an ex parte petition that was denied and now you want to schedule a hearing, go to Step 4.
Otherwise, if you want to file a PPO petition and schedule it for a hearing instead of asking for an ex parte order (an order entered without a hearing), complete the forms using our Do-It-Yourself Personal Protection Order (PPO) tool. You will get the following forms:
- Petition for Personal Protection Order (including the Statement of Facts)
- Protected Personal Identifying Information forms, if needed
- Notice of Hearing on Petition for Personal Protection Order
- Personal Protection Order
- Proof of Service (2)
Sign the completed petition at the bottom. If you chose to sign electronically, this is already done. Only the top half of your proposed order will be filled in. Leave the rest of the proposed order blank. The judge will complete it if the judge grants you the PPO.
Check to see if there are any attachments at the end of your forms (after the checklist). If there are any attachments, add them to the petition right after the page that you signed. Not all petitions will have attachments. They will only come up if some of your answers were longer than the spaces provided in the form.
Call the court clerk’s office to request a hearing date. Then fill out the Notice of Hearing on Petition for Personal Protection Order with the information you are given.
Then gather any other documents or images you want the judge to see, including any of the following that support your petition:
- Police reports
- Medical records
- Photos
- Copies of e-mails or text messages
- Letters
The court does not have access to police department computer systems and cannot retrieve police reports. If you mention a police report in your petition and you want the judge to review it, you need to submit a copy with your petition.
If you are an unemancipated minor, your next friend (the adult who is helping you with your petition) must sign the completed petition at the bottom if they did not sign electronically. If you are younger than 14, your next friend must also fill out and sign the Request for Next Friend and Order form (leaving the Order section blank).
Step 2: Make copies of the forms
If you already filed an ex parte petition that was denied, and now you want to schedule a hearing, go to Step 4.
Otherwise, if you are going to file a petition and schedule it for a hearing initially, make four copies of the documents listed below.
- Petition for Personal Protection Order (including the Statement of Facts)
- Protected Personal Identifying Information forms, if needed
- Any evidence you will attach to your petition (examples: police reports, medical records, etc that are related to your petition)
If the Notice of Hearing on Petition for Personal Protection Order has already been completed with the hearing date and other information, also make three copies of it.
In some counties, the court clerk’s office will make copies of your forms for you. Call the clerk’s office ahead of time to ask if you need to make your own copies.
Step 3: File your forms
If you already filed an ex parte petition that was denied, and now you want to schedule a hearing, go to Step 4.
Follow Step 3 if you haven’t filed a petition for a PPO yet, and you want to schedule your petition for a hearing instead of filing an ex parte petition.
File your forms and any attachments at the court clerk’s office. There is no filing fee. The clerk will return any copies that the court does not need to you.
File the following:
- Petition for Personal Protection Order, including the Statement of Facts
- Personal Protection Order
- Protected Personal Identifying Information forms, if needed
- Any attachments (examples: police reports, medical records, etc that are related to your petition)
- Notice of Hearing on Petition for Personal Protection Order
If you are an unemancipated minor petitioner, your next friend will need to file your forms for you. If you are a minor petitioner younger than 14, your next friend must file all the forms listed above as well as the Request for Next Friend and Order.
After you complete this step, skip ahead to Step 6.
Step 4: Schedule a court hearing
Step 5: File the Notice of Hearing
Give the clerk the Notice of Hearing on Petition for Personal Protection Order and all copies. The clerk will give you back the copies that the court doesn't need.
If you did not get your hearing date until you filed, make sure you ask the clerk for three copies of the completed Notice of Hearing on Petition for Personal Protection Order.
If you are an unemancipated minor, your next friend will need to complete this step for you.
Step 6: Have the Respondent served with the documents
Gather the things you need for service.
Gather the copies of court papers that will be served on (given to) the Respondent. You will need one copy of everything you filed with the court, including:
- Petition for Personal Protection Order, including the Statement of Facts
- Notice of Hearing on Petition for Personal Protection Order (or if your court had you file a different form to schedule a hearing, get a copy of it)
- Protected Personal Identifying Information forms (if needed)
- Any attachments you filed with your petition (examples: police reports, medical records, etc that are related to your petition)
Some courts may give you instructions for the hearing when you file. If your court gave you this, also make a copy for the Respondent.
You also need the Respondent's address and any other information that will help the process server find the Respondent.
Have the papers served on the Respondent at least two days before the hearing. This can be done by a police officer, professional process server, or an adult friend or relative. You cannot serve the Respondent yourself.
The process server can give the Respondent the papers in person. Or the papers can be sent to the Respondent by registered mail with return receipt requested and delivery restricted to the Respondent. If the Respondent is served by mail, they must sign the green card (the return receipt) and send it back.
If you are an unemancipated minor, your next friend will need to arrange to have the papers served on the Respondent. If you are younger than 14, you will also need to have the Request for Next Friend and Order served.
If the Respondent is a minor, you must also have copies of the forms served on the Respondent’s parent(s), guardian(s), or custodian(s), if you know their location.
Step 7: File the completed Proofs of Service
After the Respondent is served with the PPO papers, the server must complete the Proof of Service forms attached to the Petition and the Notice of Hearing. If the server is not a sheriff, bailiff, or court officer, they must sign the Proof of Service forms in front of a notary. A notary can usually be found at a bank or the court clerk's office.
If the Respondent was served by mail, the green card (the return receipt) must be included when you file your Proof of Service forms.
File the Proof of Service forms with the court clerk’s office. Make copies for your own records.
If you are an unemancipated minor, your next friend will need to complete this step for you.
Step 8: Attend the hearing
These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video.
Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.
Bring your proposed order to the hearing. Be prepared to answer questions from the judge about why you need a PPO.
When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. The Respondent will also have a turn to speak.
If the judge decides to grant you a PPO, the judge will ask you for your order. Ask the courtroom clerk for four (or more) copies of the order. You may want a copy for your employer, your child’s school or childcare provider, and several copies to keep in your home, car, and purse. If court staff do not serve the Respondent after the hearing, you will also need to have a copy sent to the Respondent (see Step 9).
If the judge decides not to grant you a PPO, the court will prepare a different order denying your request. If the Respondent is not served after the hearing or did not attend the hearing, you will also need to send a copy to the Respondent (see Step 9).
If you are an unemancipated minor, your next friend will need to attend the hearing with you.
Step 9: Have the Respondent served with the order
If the court does not give the Respondent a copy of the order after the hearing, have the Respondent served with a copy of the signed order.
Do not serve the Respondent yourself. Have the order served by a police officer, professional process server, friend, or relative. This person can give the Respondent the order in person. Or you can have the order sent to the Respondent by registered mail with return receipt requested and delivery restricted to the Respondent. If the Respondent is served by mail, they must sign the green card (the return receipt).
If you are an unemancipated minor, your next friend will need to arrange to have the papers served on the Respondent.
If the Respondent is a minor, also have a copy of the order served on the respondent’s parent(s), guardian(s), or custodian(s), if you know their location.
Step 10: File the completed Proof of Service
When you used the Do-It-Yourself Personal Protection Order tool, you got a Proof of Service with the PPO.
Have the process server complete and sign the Proof of Service. This tells the court how and where the Respondent was served with the PPO. If the process server is not a sheriff, bailiff, or court officer, the Proof of Service must be signed in front of a notary. A notary can usually be found at a bank or the court clerk's office.
You or the server must file the Proof of Service with the clerk's office. If the Respondent was served by mail, the green card signed by the Respondent (the return receipt) must be attached to the Proof of Service. Get a copy of the Proof of Service for your own records.
After you have your PPO, you can enforce it by calling the police if the Respondent ever violates it. It is a good idea to keep a copy of your PPO and Proof of Service with you at all times because it will make enforcement easier if it becomes necessary.
If you are an unemancipated minor, your next friend will need to complete this step for you.