What is Case Management Modification?
Case Management Modification provides both self-represented parties and attorneys the opportunity to request a change to their Domestic Violence Civil Protection Order or Consent Agreement Civil Protection Order after their final hearing, instead of filing a formal request for a motion to modify or terminate a domestic violence civil protection order or consent agreement and waiting for a hearing to be scheduled. This process is informal and can be scheduled during court operating hours. During this process a case manager will contact both parties to discuss the request for a change to their current order. If a voluntary agreement is made between the parties, a case manager will write up the agreement. After the agreement has been written out, a case manager will schedule a time for both parties to come in, go over and sign the agreement. This process can address any issues the parties have regarding changes to parenting time, exceptions to communication and contact with each other, without having the formality of being in front of a Magistrate.
Who can request Case Management Modification?
Any self-represented parties or attorneys.
How do I request Case Management Modification?
After your final hearing, both parties and/or attorneys will be provided with this informational sheet to learn more about the process and a Request for Case Management Modification form. If your situation changes or you want to have something modified in your Consent Agreement or Full Order, you can either come down to the court house and fill out the Request for Case Management Modification form or fill one out online. Once this information is received by a case manager, they will determine whether or not your request will be approved for Case Management Modification. If not, a case manager will inform the party that filed that their request has not been approved and that they will need to file a formal motion to modify or terminate. If the request is approved a case manager will speak with both parties regarding what was requested to be changed and arrange a time to meet with the parties as soon as possible.
Is the Case Management Modification service voluntary?
Yes. The Case Management Modification service we provide is 100% voluntary, both parties will have to agree in order to participate.
What if I already filed a Motion to Modify?
If a motion to modify or terminate has been formally filed with the court and both parties decide to enter into an agreement prior to a hearing on that motion, the motion will be dismissed without prejudice; meaning that any additional motions can still be filed after the dismissal of the motion. The party who has filed the motion to modify or terminate will sign a dismissal of their motion at the time you reach an agreement.
What happens if one of the parties does not agree?
If the parties and/or attorneys are unable to reach an agreement at any point prior to them signing the agreement the process will end without changing the terms of the current protection order in place. If the party or attorney who initiated the case management modification would still like to make changes to the protection order, they can file a formal motion to modify or terminate with the court.
What is a Motion to Modify or Terminate Domestic Violence Civil Protection Order or Consent Agreement?
This is a motion requesting a court appearance before a Magistrate to modify or terminate the terms of an existing order of protection. This is a formal hearing in front of a hearing officer (Magistrate) which can result in the parties have to present evidence as to why changes need to be made to their order and the Magistrate will make the final determination as to whether or not the order should be modified or terminated. Both parties will be notified of the hearing date and time.
Will I have to be in the same room with the other party?
No. Both parties and/or attorneys will be separated and met with.
Is there a fee associated with this service?
There is no fee associated.
Will I be provided legal advice during this process?
No legal advice will be provided. If an agreement is reached between both parties, a case manager will be able to draft a new court order for the parties. This court order will state changes agreed to by both parties. Both parties will review the new order and if they agree, will sign the order and a waiver of counsel. A waiver of counsel is a document that explains how the parties are waiving their right to have legal representation (counsel). At no point during the process will the court staff be able to provide you with legal representation or legal advice.
Can I request to have the order terminated through this process?
NO. Any requests to have an order terminated must be completed formally by way of a motion.
Can I request Case Management Modification if I do not have an address or phone number for the other party?
In order to go forward with Case Management Modification you will need to have a phone number for the other party. If not, you may be unable to go forward without this information. If you do not have the phone number or address because it is confidential, please speak with one of the Case Mangers.
Who can I contact with additional questions about Case Management Modification?
You can contact either Monica Christofferson at 216.443.2095 or Daytona Harris at 216.698.4359, for any additional questions or clarification about the process.
Click here to complete a request for Case Management Modification.