This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Sample Restraining Order Form With Attorney In Illinois
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Multi-State
Control #:
US-000290
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Word;
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FAQ
A petition for a civil no contact order may be filed in any county where (1) the petitioner resides, (2) the respondent resides, or (3) the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred. (Source: P.A. 93-236, eff. 1-1-04.)
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
The Illinois Domestic Violence Act tells the reader what a court must find to issue an order of protection and then asks the reader to piece together the proofs to allow the court to make that finding. Physical harm or threat of physical harm to the petitioner. Conduct that causes emotional distress to the petitioner.
Order of Protection: This is considered a civil law case, and the victim has to give some evidence and generally the burden is low and the victim must establish “preponderance of the evidence” of a past act or acts of abuse.” In a civil case, the judge assesses whether the claims made by the accuser are more likely ...
To contest an unjust order of protection, your attorney may: Gather evidence to demonstrate that the allegations against you are false or exaggerated. Challenge the credibility of the accuser and any witnesses. Present evidence of your good character and law-abiding behavior.
IPI 21.01 defines burden of proof in terms of what is more probably true than not true. This is considered preferable to a statement requiring proof by a “preponderance” or “greater weight” of evidence.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”