The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.
You should also know that pre-trial no contact orders are very rarely dropped even if the victim does request the order be lifted. The no contact order will remain in effect until the case is resolved at trial or lifted eariler at either your or his request, which I will again point out rarely occurs.
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.
Individuals seek no contact orders by going to their local court in their jurisdiction or the jurisdiction of the defendant. They will need to complete a form that identifies the reason why the no contact order should be issued and the places the person wants protected.
Emergency Motions shall include an affidavit or verification stating facts that identify the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence.
O You must file the Appearance form in the county where the court case is filed. o Make copies of your original Appearance for yourself and each party in the case. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse. Appearance, and return these copies to you.
Go to the Office of the Clerk of the Circuit Court and tell personnel you want to file a protective order. Clerk personnel will give you the required forms which you can fill out by yourself. If you require assistance in filling them out, clerk personnel can direct you to the appropriate resources within the building.
Starting a No Contact Order in Illinois requires the following steps: Submit a petition online or at the courthouse in the relevant county. Present your case to the judge. The court can grant a permanent Civil No Contact Order, which takes on different level of permanency depending on the context.
Filing a Motion via E-filing You can e-file using a personal computer or at one of the public access eFile workstations offered at the Daley Center and in suburban courthouses. You must have an email address to e-file.
Either side in a case can file a motion. In some instances, a non-party may file a motion (for example, a motion to quash a subpoena issued in the case). Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing.