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.
Temporary Restraining Order Sample Without A Lawyer In Chicago
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Multi-State
City:
Chicago
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US-000299
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FAQ
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 ...
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.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
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.
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.
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).
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
More info
Download and complete the Order of Protection forms from the Illinois Office of the Courts. Explains steps to get an Order of Protection, sometimes called a restraining order.Includes filling out forms and going to court. Information for Filers Without Lawyers - eFiling is mandatory in all civil cases in the Illinois Supreme, Appellate, and Circuit Courts through an EFM. This Easy Form helps you ask the court to order someone to stop harming or threatening you or other household members. Step 1: Go to the Family Division of the Superior Court. You can find a petition for an OP on your county clerk's website. This may sound complicated, but it's not that bad. Go to illinoisprotectionorder. Org and follow the steps for completing your petition for a protection order.