Temporary Restraining Order Sample With Motion To Dismiss In Cook
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FAQ
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.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
``What would make a judge deny a restraining order?'' The reason most restraining orders that go to hearing are denied is due to insufficient facts/evidence in support of the request. Many people don't realize the importance of their declaration and think that they'll get to add more at the hearing.
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).
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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.
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.
