What Happens After Obtaining a Restraining Order?
Service of Temporary Restraining Order (no-contact order)
A. When the victim obtains a no-contact court order but the defendant had not been arrested by police and is present at the scene, the officer should:
1. Escort the victim to his or her home.
2. Read the conditions of the court order to the defendant if the defendant is present.
3. Order the defendant to vacate the premises.
4. Give the defendant a reasonable period of time to gather personal belongings, unless the court order includes specific limits on time or duration.
5. Arrest the defendant if required by the court order or if defendant refuses to comply with the order.
B. Where a court order had been issued but was not served upon the defendant because the defendant could not then be located but the defendant is now at the scene, police should follow Paragraphs A.2-5 above.
C. When a temporary or final restraining order is issued that requires service outside the issuing county,
1. The restraining order, along with the complaint and any other relevant documents (e.g. search warrant, etc.) must immediately be brought or faxed to the sheriff's department in the issuing county.
a) The sheriff's department in the issuing county must similarly bring or fax the order and related documents to the sheriff's department in the county of the defendant's residence or business.
b) the sheriff's department in the receiving county, pursuant to local policy, will either
1. execute service on the defendant or
2. will immediately bring or fax the order and related documents to the police department in the municipality in which the defendant resides or works so that it can execute service accordingly.
c) The return of service should then be faxed back to the sheriff's department in the issuing county, which in turn must immediately deliver or fax the return of service to the Family Division in the issuing county.
2. When the service of a restraining order results in the seizure of weapons,
a) The weapons inventory should be attached to the return of service that is brought or faxed back to the issuing county.
b) The weapons themselves, along with any licenses, I.D. cards, or other paperwork or documentation shall be secured by the prosecutor in the seizing county for storage. At such time that the seized property is needed by the prosecutor or Family Division in the issuing county, the prosecutor in the seizing county shall forward same.
3. Once service on the defendant is attempted, successfully or unsuccessfully, the return of service portion of the TRO (located on the back of the last page of the multipart TRO form) must be filled out by the police or sheriff's department and immediately returned to the Family Division prior to the scheduled final hearing date.