CASE PROCESSING FOR A CIVIL PROTECTION ORDER

Processing

Phase I- Filing of Petition

Phase II- Hearing/Review

Phase III- Handling of Orders

Petition for Protection Order

Family Law Sheet

Sheriff’s Information Sheet

Forms Needed to Start a Protection Order:

How Would You Respond after a Person Interested in Filing a Protection Order has Just Told you That they Don’t Believe the Relationship with the Respondent is Domestic?

A. I don’t Know.

B. Then the Judge will not Grant it Because it Has to be a Domestic Dispute.

C. It is Entirely up to You. If You Would Like the Paperwork, I Will Get it for You. The Judge will Decide if it is Domestic or Not.

D. Explain to Them What the Judge is Looking for.

Do YOU Know…

Answer

C. It is Entirely up to You. If You Would Like the Paperwork, I Will Get it for You. The Judge will Decide if it is Domestic or Not.

Phase IFiling of Petition

Mandatory Specific Forms to be Used on all Petitions and Orders

Keep in Mind that it is Not up to the Clerk to Determine the Qualifications for a Protection Order/The Decision will Always Be Made by the Judge.

Each Petition that is Filed is a Brand New Case / No Stacking

Clerk must Witness Petitioner’s Signature

One Petitioner and One Respondent per Petition Unless Petitioner is Filing on Behalf of Self and Minor Child/Children then Child/Children will be Listed as a Petitioner as Well

If Both Petitioner and Respondent are Minors then Parent/Guardian Would File on Behalf of Minor

When Petitioner is Filing on Behalf of a Minor Child/Children or Themselves & the

Child/Children

Entering the Minor Child/Children as a Party to the Case

Ex Parte Temporary Protection Order is Reviewed by Judge and/or Hearing is Scheduled Within One Judicial Day

Judge Grants or Denies The Ex Parte Temporary Order

If Granted a Hearing Will be Scheduled Within 14 Days of the Temporary Order and the Respondent Will Need to be Served (Order and Notice of Hearing)

If Denied the Case Will be Dismissed and Status Changed to Closed

Phase IIHearing or Review

Do YOU Know…

What if the Petitioner has already signed the Petition without the clerk witnessing ?

A. Have them Refill the paperwork out so

you can witness it.

B. Give them a new last page to sign.

C. Have them resign below the signature.

D. None of the Above.

Answer

C. Have them resign below the signature.

Using the Order Tab is of the Highest Priority When Dispositioning Orders

Orders Issued by the Court are Immediately Faxed/Sent to the Sheriff’s Office for Service and Entrance into NCIC and ILETS (Respondent May be Served in Court if Present)

All Orders are to be the Specific Forms Approved by Supreme Court to be Nationally Recognized

All Orders Except for Dismissals of Petition will be Entered through the Order Tab. Petitions that are Dismissed will be Entered in the Disposition Tab Only

Phase IIIProcessing Orders

All Other Orders Including Dismissals of Temp 14 Day, 90 Day, 365 Day, etc. Must be Dispositioned Through the Order Tab

When an Order is Referred, Vacated, Set Aside, Rescinded or Modified, that Information Should be Put in the Order Tab (in the Disposition Area) With the Date. Status Would Then be Changed to Voided to Indicate That the Order is No Longer in Effect.

Using Both Disposition Tabs Will Allow the Order Information to Write to The Register of Actions (Order Tab Alone Does Not Ask if You Would like to Write it to The ROA)

Mutual Protection Orders Should Not Exist. The Petitioner and Respondent Would Need to File Their Own Petition so Both Orders May be Entered into Individual Cases.

Processing Orders(Continued)

Ability to Serve the Respondent in a Timely Manner (Order Cannot be Enforced Until Served on Respondent)

Sheriff’s Office Will be Able to Get the Information into NCIC (National Crime Information Center) and ILETS (Idaho Law Enforcement Tracking System)

Once Entered into ILETS the Order is Enforceable Nationally

With Respondents Information Entered into NCIC and ILETS it Prevents Them from Being Able to Obtain a Firearm

Importance of Faxing Orders Immediately to Sheriff’s Office

Do YOU Know…

Mutual Protection Orders…….

A. Can be Put in Place When Both Parties

Agree.

B. Should Not Exist. Court Should Require Respondent to File a Separate Petition .

C. Mutual Orders are Entitled to Full Faith and Credit Against the Petitioner.

D. None of the Above.

Answer

B. Should Not Exist. Court Should Require Respondent to File a Separate Petition .

2 Disposition TabsOne on Front Screen & One Located in Orders Tab

Dismissal of Petitiono The Order Will Need to be Entered into the

Disposition Tabo The Judgment will be Dismissal of Case o If Petitioner Failed to Appear to the Hearing, a Copy

of the Order of Dismissal Will Need to be Mailed to Them

o Comment Box is to Reference Order of Dismissal

Order Tab LocationFront Screen of Case

14 Day Temporary Order• Order Type is 14 Day Temp Protection Order• Enter Issue Date, Expiration Days, Serving Agency, and Status (Make Sure That Expiration Date Matches Date on Order)• All Protected Parties’ Names Must be Entered with Date of Birth

365 Day Protection Order Order Type is 365 Day Protection Order Enter Issue Date, Expiration Date, Serving Agency and Status Enter All Protected Parties with Date of Birth

Entrance of Order Entered in the Main Disposition Screen

Comment Box Should Reflect the Amount of Time Stated in the Order

Disposition of an existing order, if modified, change dispo tab to reflect modification along with dispo date, status date, and status. Status should reflect VOIDED. The new modified order should be created as a new order.

Voided status occurs when orders are modified, dismissed, set aside, etc. because of the creation of the new order.

Modification of an Existing Order

The New Order Will Still Have the Same Information (Expiration Date, Status, etc.)

Dispo-ing Out the Old Order as Modified and Vacated will Update the System at Midnight. It will Then Alert Law Enforcement Agencies that the Order was Modified so They Can Request a Copy of the New Order if Need be.

Allows Supreme Court to Provide Statewide Numbers for How Many Orders are Issued

Help with Grant Funding

Reports Can be Produced to Legislatures if Requested

Only by Entering the Order on the Orders Tab Will it Report to the Correct Entities, and Only by Removal, (Disposition of the Order on the Orders Tab) Will it Then Pull the Order Off of the Lists Maintained by Law Enforcement

Importance of Using the Orders Tab

How Many Protection Orders Do You Think Were Filed Statewide From January to Date of this Year?

A. 3,383

B. 4,852

C. 689

D. 6,987

Do YOU Know…

Answer

A. 3,383