What happens if the respondent is not arrested for violating the PPO?
The police might not arrest the restrained party, especially if the officer did not witness him/her commit the acts violating the personal protection order (PPO), or if there was insufficient proof that the respondent had been served with the PPO papers before the alleged violation occurred.
If the restrained person is not arrested, you will have to file a "motion to show cause" in the Circuit Court Clerk's officeto have a hearing about the PPO violation. A "show cause" action focuses on whether the respondent should be held in contempt of court for violating the PPO. Like the original PPO application, you will have to write out what the respondent did and said, and attach supporting witness statements, police reports, photographs, etc. Your motion to show cause will be reviewed by the Judge.
If the Judge believes that a violation likely occurred, he will schedule a show cause hearing and will issue a show cause order directing the respondent to appear in Court to respond to your allegations that he/she violated the PPO. You must attend the show cause hearing; bring eye witnesses and supporting evidence, because testimony will be needed if the respondent disputes what you alleged in your motion. To help you document PPO violations, download our Stalking Victim's Log (PDF) .