Exclusive Possession Remedy of the Order of Protection

If you were granted exclusive possession of your home (Box 2), and the respondent (the abuser) was not present in court when the Order was issued, you may need assistance from the police to enforce this remedy. If the abuser is in or around the home, do not go inside. Call the police and tell them that you have an Order of Protection, the abuser has not been served, and that the abuser is in your home. When the police arrive, they will probably want to see your Order of Protection.  They should explain the order to the abuser and then wait while he/she collects personal items and leaves.

If the respondent is not home when you arrive, you can call the police when he/she arrives home and they will inform the respondent that an OP has been entered and what the order says.  They will not arrest the respondent, but now the abuser has "ACTUAL KNOWLEDGE" of the order (see HOW THE OP IS SERVED).  If you have made extra copies of the Order of Protection, you can give one to the police officer to give to the respondent.  This is not official service, but will allow the abuser to have a copy immediately.

If you and the respondent shared a home, the abuser may be allowed into the home on one occasion with a police officer to get personal belongings (if the abuser shows up alone, call the police). The police should first call you and inform you that they are coming.  Unless it is specified in the OP, the respondent is not allowed to take out furniture or valuables, just personal items.

Suggestions About What To Do When Abuser Does Come to Get Personal Belongings:

• Place belongings in bags before the police arrive with the abuser.  This will make the process quicker and easier for you.
• Place any valuables, such as jewelry or money, in a safe place so that the respondent cannot take them while retrieving belongings.
• If you have children, try to get a neighbor or friend to watch them when the respondent comes to get personal belongings.  This can be upsetting for your children or an opportunity for your abuser to use the children to make you feel guilty. If this is not an option, stay in another room with the kids and tell the officers to inform you if there is a problem
• Avoid any conversation with the respondent.

Keep Your Order of Protection With You At All Times

It is very important to keep your OP with you at all times. Make several copies and keep one in a safe place. The print on the order will start to fade after awhile so it is important to have a legible copy.  Give your local police department a copy of your order (especially if the incident happened somewhere other than where you live).  This gives the police department immediate notice of the existence of the OP.  Give additional copies to security at your workplace, babysitters, daycare and school, neighbors and any adults who are also listed on the Order of Protection.

If your abuser destroys your copy of the OP or you lose it, you can get another copy of your OP from the clerk's office in the courthouse where you received it.