You must be at least 18 years of age to file a case. If you are under the age of 18 and never have been married or had the disabilities of nonage removed by a court, one of your parents or your legal guardian must sign the petition on your behalf.
If you are seeking an injunction for protection against sexual violence on behalf of a minor child who is living at home, the parent or legal guardian must have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis of the petition.
You must meet the stated criteria in the definition of domestic, stalking, repeat, dating, or sexual violence.
- Hours for the Clerk & Comptroller's Office are Monday through Friday, 8:30 a.m. to 5 p.m., with the exception of applications for injunctions, which are processed in accordance with Administrative Order 2010-044.
- To file an injunction, we recommend visiting the Clerk & Comptroller's Office during morning business hours. Petitions for protective injunctions must be filed before 4 p.m. for same-day processing, allowing the Court time to review the case and the deputy clerk time to process the documents. For after-hours procedures, refer to Administrative Order 2012-054. After hours means after 4 p.m. and before 8:30 a.m. on weekdays, or anytime during a holiday or weekend.
- You may be instructed to return to the Clerk & Comptroller's Office at the end of the day to receive copies of orders signed by the judge.
- You must complete the petition in your own words, describing the violence in enough detail for the Court to understand the situation. If the forms are completed in the Clerk & Comptroller's Office, the deputy clerk will place you under oath attesting to the truth of your statements. The completed forms must be notarized, or acknowledged by a deputy clerk in the Clerk & Comptroller's Office.
- Upon completion and filing with the Clerk & Comptroller, a court record is created and the file is forwarded immediately to the judge for review the same day it is filed.
- If there is an immediate and present danger of violence, the Court can issue a temporary injunction without notice to the respondent, which will remain in effect up to 15 days.
- As the petitioner, you will be provided a certified copy of the temporary injunction, which should be kept with you at all times in the event you must call the Sheriff’s Office to enforce the injunction.
- The Clerk & Comptroller will provide certified copies of the temporary injunction, as well as a copy of the petition, to the Sheriff for service upon the respondent at the address the petitioner provides.
- During this 15-day time frame, the Court will set a hearing. Both parties will be notified of the hearing date and time. At the hearing, the Court will hear testimony as to whether a permanent injunction for protection will be ordered.
- If the Court fails to issue a temporary injunction based upon the statements contained in the petition, it may set a hearing, at which time both parties must be present to determine if an injunction for protection will be ordered. The deputy clerk will create and forward copies of the petition and notice of hearing to the Sheriff for service upon the respondent at the address the petitioner provides.
- The Court may find no violence occurred, or there is no imminent threat of danger, and will enter an order denying the petition.
- Both parties should appear at the hearing to present the facts to the judge to determine if a permanent injunction for protection should be entered. If the petitioner and/or respondent do(oes) not appear, the Court may enter appropriate orders, including the imposition of court costs, or an injunction.