Step-by-Step Guide: Asking for a Civil Protection Order

Step 1: Fill out the forms 

To ask for a civil protection order, fill out and file the forms. Your local courthouse clerk will give you these blank forms for free. You can also find them online and download or print them. Either way, you will have to turn in paper copies of the completed forms at the courthouse.

You will need to fill out the following forms to turn in at the courthouse:

1. JDF 402 — Verified Complaint for Civil Protection Order
   • On JDF 402, you are allowed to check more than one box for the type of abuse you need protection from. Check all the boxes that apply to your situation.
2. JDF 401 — Incident Checklist
   • On JDF 401, the incident checklist asks about specific behaviors. Be specific and detailed. Describe what happened and how it affected you. If children were present, describe where they were and how the abuse affected them. If you can’t remember dates because things happened more than once, you can write down how often things happened.
3. JDF 442 — Information Sheet
4. JDF 398 — Citation and Temporary Civil Protection Order
   • Fill out the top section only - the judge fills in the rest.
5. JDF 404 — Affidavit Regarding Children (only if children are involved)

Step 2: Find the right courthouse to file your forms

There are rules about where you can turn or file your forms. You are allowed to file for a protection order in the county where you live or work, or where the abuse happened. There are two types of courts: county courts and district courts. You can file in either a county or a district court, as long as it is located in the county where you live, work, or the abuse happened.

Step 3: File your forms at the court and wait for a judge (usually the same day)

Take your completed forms to the right courthouse (Step 2) and file them with the court clerk. 

There is no filing fee for domestic abuse, stalking, sexual assault, or unlawful sexual contact cases. For all other protection orders, the filing fee is $97.00. If you can’t afford to pay the filing fee, you need to fill out and turn in JDF 205 (Motion to File Without Payment of Filing Fee) to ask the court to waive the filing fee. 

A judge will review your forms before granting you a temporary protection order. Temporary protection orders are usually granted the same but that depends on the judge's schedule.

Ask the clerk:

• How long before a judge can review your forms
• Whether you should stay in the courthouse to answer the judge's questions

Step 4: The judge reviews your request

This usually happens the same day you file your forms. The judge will review the papers you filed and they may ask you questions about your situation. Answer honestly and specifically.

The judge will decide whether to grant you a protection order depending on whether they believe there’s a risk of physical harm or a threat of emotional or psychological harm to you or the people you are asking to protect.

If the judge grants the protection order, it will be a Temporary Protection Order (TPO). This TPO will be signed by the judge and will have a date for a permanent order hearing, usually within 14 days. Your TPO is temporary and only lasts until the permanent order hearing date. 

Step 5: Formally deliver or “serve” the paperwork to the other person

If granted, the Temporary Protection Order paperwork must be delivered to or “served on” the restrained person as soon as possible. 

You cannot serve the papers yourself. 

The sheriff’s office can serve the paperwork, usually for free. This won’t happen automatically. You need to give the sheriff’s office your paperwork and ask them to serve it on the restrained person. They will need a copy of JDF 402 (Temporary Protection Order and the Complaint that you filed).

After delivering the paperwork to the restrained person, the sheriff’s office will file a Return of Service with the court. This shows the court that the other person received notice of the hearing. You can call the sheriff before your return date to confirm they were able to complete service.  

Step 6: The permanent order hearing

The permanent order hearing is scheduled when the judge grants your Temporary Protection Order (TPO). The date and time will be on your TPO paperwork. This hearing will happen at the same courthouse you filed your paperwork and takes place within 14 days of the TPO being granted.

 Several things can happen at this hearing:

• If the other person was not served: Tell the court. The judge will set a new hearing date and extend the TPO so you stay protected.
• If the other person was served but does not appear: The court may make the order permanent by default.
• If the other person appears and objects: The court will ask both sides if they are ready to move forward with a full hearing.

Continuances: Each side can ask for one 14-day delay if they have a good reason. Both sides can also agree to extend the Temporary Protection Order for up to one year.

Step 7: The evidentiary hearing 

If the restrained person contests the protection order, the court will hold an evidentiary hearing. The judge uses a "more likely than not" standard to decide.

For domestic abuse, stalking, elder abuse, or threats, the court must find:

1. The other person committed the acts you described, and
2. Without the order, they are likely to continue to commit these acts or to retaliate against you. 

For sexual violence, the court must find:

1. The other person committed sexual violence, and
2. There is a risk of physical, emotional, or psychological harm to you.

The hearing process:

1. You present your evidence and testimony first.
2. The other person can cross-examine you.
3. The other person can testify and present their side.
4. You can cross-examine the other person.
5. Both sides may give a closing statement.
6. The judge issues a decision.