Illinois Summons for Order of Protection

State:
Illinois
Control #:
IL-SKU-2633
Format:
PDF
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Description

Summons for Order of Protection

Illinois Summons for Order of Protection is a legal document that orders an individual to appear in court to answer allegations of abuse, stalking, or harassment. It is issued by a judge or magistrate, and it is served to the respondent by a law enforcement officer or other authorized individual. The summons also notifies the respondent that an order of protection is being sought and provides information about the hearing date and time. There are two types of Illinois Summons for Order of Protection: Emergency Order of Protection and Plenary Order of Protection. An Emergency Order of Protection (TOP) is issued by a court to protect a person from abuse, harassment, or stalking on an immediate, temporary basis. A Plenary Order of Protection (POP) is issued by a court to protect a person from abuse, harassment, or stalking on a long-term basis.

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FAQ

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.

In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.

Serving a summons through certified or registered mail In Small Claims cases, you can ask the local circuit clerk serve the defendant by certified or registered mail. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons.

Response by Respondent Lawyer Manual The Respondent can respond to the Order of Protection by filing a motion with 2 days notice asking for a rehearing on the Emergency Order of Protection, or by going to the next court date and requesting a hearing on the Petition.

It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.

Rule 101(d) summons must be served within 30 days after its date. A rule 101(d) summons covers all other summons where the defendant must file an answer or appear within 30 days.

If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

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 Summons for Order of Protection