How do I file an Individual at Risk Restraining Order?
Elder adult at risk (a person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing physical abuse, emotional abuse, sexual abuse, treatment without consent, unreasonable confinement or restraint, financial exploitation, neglect or self-neglect).
An Individual at Risk restraining order would be filed by:
The individual at risk, personally
Any person acting on behalf of the individual at risk
An elder adult-at-risk agency
An adult-at-risk agency
Upon determining that you need to file an individual at risk restraining order you would obtain the petition from the Clerk of Court’s office. Upon completion of the petition and the issuance of a temporary restraining order a court date is scheduled. It is the sole responsibility of the petitioner to have the respondent served with the temporary restraining order by the Sheriff’s Department in the county where he or she resides. The temporary restraining order will be in effect from the date of issuance until the court date.
The petitioner must appear at the scheduled court date, failure to appear will result in the temporary restraining order being dismissed. If the respondent has been served and does not appear at the hearing the petitioner may request the court enter an Injunction against the respondent for up to 4 years. If the respondent appears and contests the temporary restraining order a hearing will be held by the Court and a decision will be made.
There is no filing fee to file an Individual at Risk Restraining Order. There is a service fee charged by the Sheriff’s Department. If the petitioner believes himself or herself to be indigent he or she may complete a petition for Waiver of Filing and Service fees.
Back to Restraining Orders
THE CLERK OF CIRCUIT COURT AND STAFF ARE NOT ALLOWED TO GIVE LEGAL ADVICE