Restraining Order Template With Child Involved In Chicago
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FAQ
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence.
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).
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
The victim will state the facts that explain what happened and why he or she is in immediate need of protection. Temporary Orders are usually issued, prohibiting the other party from contacting the victim, and a hearing for a longer-term Order of Protection will be set for 15 days after the issuance.
This order is designed to protect a child from abuse or neglect for a longer period of time than the ex parte order. A protective order can be issued after a hearing in front of a judge in which both parties have the opportunity to tell their sides of the story.
Evidence from the person seeking the order can take different forms: Witness Testimony: Statements from people who witnessed abusive behavior. Photographic Evidence: Photos of injuries caused by violence, with timestamps. Text Messages or Emails: Messages with threatening language or detailing abuse.
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.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
