Order of Protection Service

Once the judge grants you the Order of Protection, the OP needs to be "served" on the respondent - the abuser.  Usually, service means the sheriff's police will give the respondent the OP and explain what the Order means.  Service is a very important step in making the Order of Protection effective.  Sometimes, if the abuser is in court when you get the Order of Protection, the deputies in the courtroom or the respondent's lawyer will immediately serve the OP.  If the respondent is not in court when you get your Order of Protection, the sheriff will attempt to serve the respondent with the OP at work or wherever he/she lives.  The sheriff will try to serve the respondent within 72 hours.  The sheriff does not attempt service on the weekends; if you get an Order of Protection on a Friday, the respondent may not receive it until Monday or Tuesday.  The OP will also be entered into the LEADS (Law Enforcement Automated Data System) police computer system .  This computer system will allow police to verify the existence and contents of your Order of Protection at any time. 

In most circumstances, the OP cannot be enforced until the respondent is served with a copy of it by the sheriff or another law enforcement officer.  Once the respondent has been served with the OP by the sheriff or has "actual knowledge" of the OP, the abuser can be held accountable for violating it.  "ACTUAL KNOWLEDGE" means that an attorney, judge, or police officer has told the respondent there is an OP against him/her; but the sheriffs have not yet given the Order of Protection papers to the respondent.  You telling the abuser what the OP says does not count as "actual knowledge."

Once an abuser has been served with the OP, the abuser can be punished for disobeying it, even if he/she never reads it.  And if the abuser physically abuses you or threatens you, even if the respondent has not yet been served with the OP, you can still take action.

Many times, the abuser's actions are crimes even if you did not have the OP.  For example, if the abuser hits you before being served with the OP, this may be a crime of domestic battery.  You can file criminal charges if there are any incidents of abuse or harassment before the respondent has been served, but it will not be a violation of the OP.

The best way to find out if the respondent has been served is to call the courthouse where you received the Order of Protection.  Calling the respondent, the respondents friends or family, may invite contact and jeopardize your safety.  The following are telephone numbers and the appropriate office to call when you need to know if the respondent has been served.