Illinois Verified Petition For Order Of Protection

State:
Illinois
Control #:
IL-CV-PET1
Format:
PDF
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Description

Verified Petition For Order Of Protection

The Illinois Verified Petition For Order Of Protection is a legal document used to protect a person from abuse or harassment. The petition must be filed in the Circuit Court of the county where the petitioner resides. The petitioner must provide detailed information about the abuse or harassment that they experienced, including any physical or psychological harm, threats of harm, stalking, or other forms of abuse. The petition must also include a written statement verifying the information provided and that the petitioner believes that they are in immediate and present danger of abuse or harassment. There are two types of Illinois Verified Petition For Order Of Protection: an Emergency Order of Protection and a Plenary Order of Protection. An Emergency Order of Protection is typically granted on an ex parte basis and is effective for up to 21 days. A Plenary Order of Protection can be granted after a hearing and is effective for up to two years.

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FAQ

An Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.

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.

Affidavit in Support of the Order of Protection: The affidavit is a sworn statement of the petitioner, whereby the petitioner swears that the facts giving rise to the relief requested in the petition are true. Seven-Day Summons: The summons is a document that informs the respondent of the date and time of the hearing.

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)

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.

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Illinois Verified Petition For Order Of Protection