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 Motion For Temporary Restraining Order In Chicago
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State:
Multi-State
City:
Chicago
Control #:
US-000299
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FAQ
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.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
Illinois law provides that a TRO may last only 10 days, except in certain circumstances. Illinois law recognizes two different types of TROs: TROs with and without notice (the latter being referred to by courts as ex parte TROs).
To obtain an Order of Protection, you can: Contact a domestic violence program for assistance. Ask an attorney to file in civil court. Request an order with your divorce. Request an order during a criminal prosecution.
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
Generally, under Illinois law, a plaintiff must present evidence in support of four factors before a court will issue a TRO or other form of injunction: (1) the plaintiff possesses a clearly ascertainable right in need of protection, (2) there is a likelihood that the plaintiff will succeed on the merits, (3) the ...
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.”
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
More info
Download and complete the Order of Protection forms from the Illinois Office of the Courts. Download and complete Motion and Notice forms from the Illinois Office of the Courts.If a TRO is entered ex parte, the defendant may file a motion to dissolve the order. The motion should be filed as soon as possible, and should. Petitioner: Fill out Section 5 only if you have children younger than 18 with Respondent. This Easy Form helps you ask the court to order someone to stop harming or threatening you or other household members. Free Consultation - Call - Lubin Austermuehle, P.C. helps companies with business matters in Corporate and Business Litigation law. The necessary forms to competently represent yourself in a Divorce can be found online. This is the Indiana Judiciary self help website. A restraining order referred to a juvenile (petition in juvenile court) means a respondent under 18 years of age.