harm before a temporary restraining order The victim of the domestic abuse must file can be issued. a petition, or a guardian of an incompetent WHAT IS AN “AFFIDAVIT individual may file it. OF SERVICE?” The abuse must have been committed by: A petition is filed in the Circuit Court of A spouse, former spouse, parent, The individual who serves the papers must the county where the petitioner resides, the child, or a person related by blood provide an affidavit of service for filing with respondent resides or where the incident(s) or adoption to you. the court. The affidavit of service is a of abuse occurred. The person who is A person currently or formerly form prepared and signed under oath by asking the court for assistance is the residing in a place of abode with the person who serves the papers on the “petitioner.” The “respondent” is the person you. respondent. The affidavit must recite how, against whom the petition is brought. A person with whom you have a when, where, and on whom service was child in common. made. A person who provides in home IS THERE A FEE? or community care for you. This form must be filed with the court A person with whom you have or before the hearing or made available to the No. There is no filing fee to start an had a dating relationship. court at the hearing. The court requires action. proof that the respondent knows of the WHAT CAN THE COURT restraining order and the hearing. Without WHERE DO I GET THE that proof—from an unbiased ORDER? court will not proceed. FORMS? The Court can require the abuser to: The forms are available at or in the Clerk Refrain from committing any of Court’s office. When completed the further acts of domestic abuse forms are filed with the Clerk of Courts. against the victim Avoid the victim’s residence and any location temporarily occupied WHAT ABOUT SERVICE by the victim. OF THE DOCUMENTS? Avoid contacting or causing any other person (other than an The documents that are filed must be served attorney or law enforcement on the respondent. Someone other than officer) to contact the victim. the petitioner must do service. Generally, the sheriff will serve the documents, but a private process server can also do it. The HOW DOES THE ACTION sheriff cannot charge for service, but a GET STARTED? private process server would charge the petitioner a fee.
harm before a temporary restraining order can be issued. The abuse must have been committed by: A spouse, former spouse, parent, child, or a person related by blood or adoption to you. A person currently or formerly residing in a place of abode with you. A person with whom you have a child in common. A person who provides in home or community care for you. A person with whom you have or had a dating relationship. WHAT CAN THE COURT ORDER? The Court can require the abuser to: Refrain from committing any further acts of domestic abuse against the victim Avoid the victim’s residence and any location temporarily occupied by the victim. Avoid contacting or causing any other person (other than an attorney or law enforcement officer) to contact the victim. HOW DOES THE ACTION GET STARTED? The victim of the domestic abuse must file a petition, or a guardian of an incompetent individual may file it. A petition is filed in the Circuit Court of the county where the petitioner resides, the respondent resides or where the incident(s) of abuse occurred. The person who is asking the court for assistance is the “petitioner.” The “respondent” is the person against whom the petition is brought. IS THERE A FEE? No. There is no filing fee to start an action. WHERE DO I GET THE FORMS? The forms are available at or in the Clerk of Court’s office. When completed the forms are filed with the Clerk of Courts. WHAT ABOUT SERVICE OF THE DOCUMENTS? The documents that are filed must be served on the respondent. Someone other than the petitioner must do service. Generally, the sheriff will serve the documents, but a private process server can also do it. The sheriff cannot charge for service, but a private process server would charge the petitioner a fee. WHAT IS AN “AFFIDAVIT OF SERVICE?” The individual who serves the papers must provide an affidavit of service for filing with the court. The affidavit of service is a form prepared and signed under oath by the person who serves the papers on the respondent. The affidavit must recite how, when, where, and on whom service was made. This form must be filed with the court before the hearing or made available to the court at the hearing. The court requires proof that the respondent knows of the restraining order and the hearing. Without that proof—from an unbiased court will not proceed.
gf1122-domestic-abuse-brochure.docx