Thursday, August 26, 2010

Just what does Emergency OP mean to MCSD?

Suppose you go to a judge for an Emergency Order of Protection? How do you do that?

You go to the courthouse, fill out the paperwork, wait for a judge, see the judge in private, explain why you need it, and the judge, if he approves it, signs the paperwork and puts it into the system.

Then you take the Emergency Order of Protection from the judge's office to the Civil Process office of the McHenry County Sheriff's Department (MCSD) and turn it in to a clerk at the counter there.

It isn't all that far from the judge's office to the sheriff's department. In fact, it is only down one floor in the government center. You don't have to go outside; you don't have to go back through security. You just walk down one flight of stairs.

When you present the Emergency Order of Protection to the MCSD Civil Process Division, just how quickly should you expect it to be served? After all, you need it. The judge ordered it. It's an emergency; right?

Let's say that the judge signs the Order on Friday and you deliver it five minutes later to the Civil Process Division. It's an emergency. You deliver it about 1:30PM to the Civil Process Division.

Should it be served on Friday, the same day?
How about on Saturday?
Sunday?
OK, that was the week-end. Will it be served on Monday?
On Tuesday? (Remember; it's an emergency.)
How about on Wednesday?
Should it have been served by Thursday morning?

By Thursday morning, wouldn't you be wondering just what the _ _ _ _ is going on at the McHenry County Sheriff's Department that a deputy can't make it ten miles to serve an Emergency Order of Protection on a person who is not in hiding?

This is just one Emergency Order of Protection. How many others are there that have not been served?

16 comments:

Notawannabee said...

Gus, I don't know what kind of garbage you are trying to get people to buy into, but your message is full of innuendo and appears to be nothing but hyperbole. You never made an actual point except say WHAT IF. Is one of your SOURCES feeding you this garbage?

I know for FACT that when an OP is issued it is immediately sent out for service to patrol. If it is at the close of day, both the Circuit Clerk and the Civil Process office stay open and wait for it. A patrol deputy is called in to attempt service. OP's are given priority. Anyone that says otherwise is just an out and out liar.

Gus said...

Well, you might want to check your FACT(s)! The judge issued the Emergency OP on Friday, Aug. 20. As of 8:30AM yesterday (Thursday, Aug. 26) morning it had not been served at a local address when the person lives and can be found every day.

How would you explain the breakdown in this case that resulted in a seven-day delay in service?

I am inclined to call you a liar, but my communication skills are better than that; so I won't.

frankdojr said...

I will agree with notta. He's pretty much dead on with that! More crap and propagand by Gus!

Notawannabee said...

Gus...Call me what you want, but I know the system and how it works. OP's are given top priority at the MCSO.

Is the Sheriff serving the paper or is it a private process server? Don't forget that many are served through the plaintiff’s attorney.
Regardless of when it was issued, when was it delivered to the MCSO? Did the Circuit Clerk certify it? Was it then given to the Sheriff for service or was it given to a private process server?
Does the plaintiff have her copy? If so the local police can serve her copy to him, making the assumption it is a male.

I seriously doubt that your source is giving you good information. If this paper was given to the MCSO.

iwannaknow said...

Op's are public record.. can you give us a name, or an online site that gives woodstock pd daily reports? Either would be extremely helpful. Especially the second request. Thanks.

Radar said...

Gus,
You make a big assumtion that the Sheriff has it. Did you ask Civil Process if they have it in their system? If so the person must be untruthful as to being cooperative in getting served. Many avoid service.

It may have gone from the Judge to the Circuit Clerk,certified there and then either kept by the attorney or is being served by appointment by a private process server.

I would be very puzzled if your are correct. Lake or Cook,maybe; McHenry CO, no.

They have a fine reputation with local attorneys as doing a great job serving OP's.

Gus said...

Residents of the County ought to feel really secure, now that frankdojr and notawannee agree on how an Emergency Order of Protectioln is processed.

The MCSD Civil Process Division records indicate that service was completed yesterday, August 26, on the Emergency OP issued on August 20.

You are right, of course, that the EOP should have been served on August 20.

Ok, fellas; now you explain how something like that happened.

Gus said...

Notawannabee, thank you for assuring readers and me that MCSD gives the highest priority to serving Emergency Orders of Protection. Here are the answers to your questions:

Q. Is the Sheriff serving the paper or is it a private process server?
A. The Sheriff

Don't forget that many are served through the plaintiff’s attorney.
- Not the case here.

Q. Regardless of when it was issued, when was it delivered to the MCSO?
A. It was signed by a judge on the third floor on Friday, August 20, at approximately 1:30PM. It was delivered five minutes later to the MCSD Civil Process Division on the second floor.

Q. Did the Circuit Clerk certify it?
A. The judge directed the Protected Person to the Civil Process Division.

Q. Was it then given to the Sheriff for service or was it given to a private process server?
A. As stated, the papers were given to the Sheriff for service.

Q. Does the plaintiff have her copy?
A. Yes.

I seriously doubt that your source is giving you good information.

Although I am not a party to the Order, I was present when the judge signed it and when it was delivered to the Civil Process Division.

A Civil Process Division clerk told me today that it was served yesterday.

Would you agree now that the process at MCSD failed in this instance?

Gus said...

iwannaknow, I could provide the Case Number and the names of the parties, but I won't.

Woodstock PD was not involved.

Gus said...

Radar, thanks. I wrote my responses above before I read your comment.

There would have been no avoidance by the person being served, as that person would have been easily contacted.

In this case, the system broke down. Hopefully, it was the exception.

Toa said...

"The system broke down"

So you say. Unless you provide the case number we'll never know if there even WAS a case such as you describe. There were FOUR Orders of Protection issued that day. Which one was it?

You still have no way of ruling out an evasive respondent. What you think you know or claim to know through the parties involved doesn't mean a thing unless you or they were standing there when the attempts to serve were made. It's really that simple.

Gus said...

Toa, if you are in the Civil Process Division, it won't be that hard for you to figure out, unless none of the four was served before Thursday.

Toa said...

I don't work for the sheriff or the courts. I asked for information so that your claims could be proved or disproved. You refuse to share what knowledge you have of the case - other than something which makes the police look bad - even though it's a public record. Why is this?

Gus said...

Toa, it's not a "claim." It's a report of exactly what happened. It doesn't require any proof by you, especially since you don't work for the Sheriff's Dept.

But thanks for being interested. I'm rather sure they will review their logging procedures and determine exactly where the system broke down in this instance.

Toa said...

I didn't realize we were expected to believe anything and everything you say without proof. Just your claim that it's so. Sorry, you've been proven wrong too many times with your gossip. I'm not from Missouri either, Frank, but I'm afraid that in your case, if you stated the sun will rise in the east, I'd feel more comfortable with at least a second opinion.

You can't possibly know why the system failed (see there you go, it's a failure of the system rather than possibly an evading or absent respondent)unless you spent Friday afternoon through whatever time it was that service on the respondent was made. You are dumb enough though to accept as gospel whatever some stressed out woman tells you. I'm not saying she's wrong or, for that matter, that you are. I'm saying you DON'T KNOW ALL THE FACTS. Can't possibly KNOW all the facts, yet you expect us to worship your every word. No thanks!

Gus said...

Toa, are you sure you're not from Missouri?

I could FOIA the record for attempted service, but I won't. I have no doubt that the chief of the division will review what happened and make sure that it won't take seven days in the future to serve an Emergency Order on a person who is easily found by knocking on a front door.