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.
Online Restraining Order Forms With Google Docs In Illinois
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An Order of Protection is a civil case, not a criminal matter; therefore, it will not go on the respondent's criminal record. Although the Order of Protection will not become part of the public record, law enforcement officers and the court clerk in your county can check to find out that it exists.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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.
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.