Rule 16 Transfer of case file from magistrate to circuit court when emergency protective order granted

When a magistrate grants an emergency protective order, the case doesn't stay in that court. The magistrate's clerk has to send the entire court file over to the circuit clerk right away, without delay. This keeps the case moving forward and gets it into the hands of the court that will handle the next steps.

Because this can happen at any time, day or night, the circuit clerk's office and family court staff have to keep their fax machine on and ready 24 hours a day, every single day. This means paperwork on emergency protective orders can go through immediately, even in the middle of the night or on a weekend. The goal is to make sure nothing gets held up just because of when the emergency order was granted.