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Illinois Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection

State:
Illinois
Control #:
IL-49A
Format:
PDF
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Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection

Illinois Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection is a legal document issued by a court in the state of Illinois. This order is issued to those who have been victims of domestic violence, sexual assault, stalking, or other forms of abuse. It provides protection for the victim by prohibiting the abuser from contacting, harassing, or threatening the victim or their family. This order is designed to provide additional protection from the abuser and can be modified or extended as necessary. There are two types of Illinois Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection. They are: 1. Emergency Order of Protection — An Emergency Order of Protection is issued by a court in Illinois when a victim is in immediate danger. This order is issued to protect the victim from further abuse or harassment. It can be issued without the abuser present and remains in effect until a hearing can be held. 2. Interim Order of Protection — An Interim Order of Protection is issued when a victim needs additional protection from the abuser. This order can be extended or modified as needed. It can remain in effect until a hearing can be held or until the abuser is served with the order.

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FAQ

A dismissed order of protection may still appear on a background check but is often marked as dismissed. In Illinois, this could affect how potential employers or landlords perceive your history. If you are concerned about the long-term implications of an Illinois Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection, consider consulting platforms like USLegalForms to explore options for clearing your record.

You can ask a judge to extend your Plenary Order of Protection before it expires. You will need to go to court a few weeks before it ends and file a Motion to Extend an Order of Protection. The clerk will set a court date, and you will have to mail the abuser a copy of the motion.

An order of protection is a court order which restricts an abuser and only is available to family or household members. An order of protection may: prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation)

You can ask a judge to extend your Plenary Order of Protection before it expires. You will need to go to court a few weeks before it ends and file a Motion to Extend an Order of Protection. The clerk will set a court date, and you will have to mail the abuser a copy of the motion.

The order of protection doesn't go on your criminal record; it's part of a civil case. However, it is visible to law enforcement and those working in the court system.

An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory.

Unlike restraining orders, orders of protection refer to specific orders meant to protect someone from domestic violence (coming from another member of the household). Orders of protection are easier to enforce than restraining orders, and come with more severe penalties.

In some cases, a judge may issue an order for protection without the respondent (the person against whom the order is issued) being present. If the respondent is not present to defend himself, the order is called an ?ex parte? order.

The standard of proof required is ?a preponderance of the evidence,? the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true.

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Illinois Order For Extension and-Or Modification Of Emergency Or Interim Order Of Protection