When the victim is not present when an emergency order of protection is issued, what must the clerk do?

• A. Send a copy to the victim.
• B. Send a copy to the defendant.
• C. Post the order publicly.
• D. Dismiss the case.

Answer: (D)

The situation focuses on how clerks handle an emergency protection action when the protected person isn’t available. An emergency order of protection is meant to provide immediate safety, but its effective continuation hinges on the protected person’s participation and proper notice to the other party. If the victim isn’t present when the order is issued, the clerk’s duty is to dismiss the case so a proper, timely proceeding can be started later—after the victim can participate and the court can ensure appropriate notice and service. This avoids moving forward on a protective action without the survivor’s input and the necessary procedural steps. Sending copies or posting publicly aren’t appropriate interim actions in this scenario, and continuing without the victim or re-filing would bypass required participation and notice. Dismissing sets a clean reset so the process can be correctly restarted when the survivor is available.