Presentation Transcript

1. Case Processing for a Civil Protection Order

2. Processing Phase I- Filing of Petition Phase II- Hearing/Review Phase III- Handling of Orders
3. Forms Needed to Start a Protection Order: Petition for Protection Order Family Law Sheet Sheriff’s Information Sheet
4. Do YOU Know… 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.
5. 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.
6. Phase I Filing 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
7. When Petitioner is Filing on Behalf of a Minor Child/Children or Themselves & the Child/Children
8. Entering the Minor Child/Children as a Party to the Case
9. Phase II Hearing or Review 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
10. 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.
11. Answer C. Have them resign below the signature.
12. Phase III Processing Orders 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
13. Processing Orders (Continued) 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 Petitionso Both Orders May be Entered into Individual Cases.
14. Importance of Faxing Orders Immediately to Sheriff’s Office 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
15. 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.
16. Answer B. Should Not Exist. Court Should Require Respondent to File a Separate Petition .
17. 2 Disposition TabsOne on Front Screen & One Located in Orders Tab
18. Dismissal of Petition The Order Will Need to be Entered into the Disposition Tab The Judgment will be Dismissal of Case If Petitioner Failed to Appear to the Hearing, a Copy of the Order of Dismissal Will Need to be Mailed to Them Comment Box is to Reference Order of Dismissal
19. Order Tab LocationFront Screen of Case
20. 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
21. 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
22. Entrance of Order Entered in the Main Disposition Screen Comment Box Should Reflect the Amount of Time Stated in the Order
23. Modification of an Existing 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.
24. The New Order Will Still Have the Same Information (Expiration Date, Status, etc.) Dispo-ingOut 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.
25. Importance of Using the Orders Tab 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
26. Do YOU Know… 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
27. Answer A. 3,383