Illinois Verified Petition For Order Of Protection

State:
Illinois
Control #:
IL-NSKU-3825
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 request protection from domestic violence, harassment, stalking, or sexual assault. The Illinois Verified Petition for Order of Protection is filed in the circuit court within the county of the alleged abuser. The petitioner must fill out the form and provide proof of the abuse. The court may then issue an emergency order of protection, which is good for 14 to 21 days, or a plenary order of protection, which is good for up to two years. There are three types of Illinois Verified Petition for Order of Protection: Emergency, Plenary, and Civil No Contact. The Emergency order of protection is issued without notice to the abuser, and the Plenary order of protection is issued with notice to the abuser. The Civil No Contact Order of Protection prohibits the abuser from having any contact with the petitioner.

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FAQ

Many resources are available to assist individuals with the process of filing an Illinois Verified Petition For Order Of Protection. Organizations such as domestic violence shelters and legal aid clinics can offer support and guidance. Additionally, platforms like USLegalForms provide templates and step-by-step instructions, making it easier to prepare your documentation accurately. Utilizing these resources can empower you in your quest for safety and justice.

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 go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection. A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.

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.

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.

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.

Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine.

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.

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)

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Illinois Verified Petition For Order Of Protection