This official form is from Rock Island County, Illinois. This is a Summons to be served on a party in a case under the Domestic Violence Act. It is specifically for use in Rock Island County, Illinois. If you plan to use this form in another Illinois county, please check with the Clerk's office to be certain that this form will suffice.
Illinois Domestic Violence Act Summons
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FAQ
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.
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.
In the state of Illinois, domestic violence can be either a misdemeanor or a felony.Domestic battery can also be a Class 4 felony, such as when the person who committed the battery commits it with a firearm or has other, prior convictions for certain crimes.
Illinois' civil statute of limitations laws impose a two-year limit for claims involving personal injuries, five years for injury to property, and 10 years for written contracts, just to name a few. A breakdown of Illinois civil statute of limitations laws is listed in the following table.
For civil remedies, the statute of limitations regarding domestic violence claims may range from one year to up to six years depending on the state within the country where the person seeks this remedy. The statute of limitations for criminal charges could depend on the crime charged as a misdemeanor or a felony.
The general Illinois prosecutor's statute of limitations for misdemeanor domestic battery is 18 months. Remember a prosecutor has to have enough time to conduct an investigation, too, before the running of the statute.
Violation of an Order of Protection can result in the abuser being found in contempt of court, resulting in fine or incarceration, or criminal charges, carrying penalties up to three years under certain circumstances.
At the conclusion of the case, after hearing all arguments and considering all evidence, the judge may decide to grant the petition and issue a plenary order of protection. This is the final order and is valid for up to 2 years.
