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Illinois Order for Extension and or Modification of Stalking No Contact Order

State:
Illinois
Control #:
IL-SKU-2775
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PDF
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Description

Order for Extension and-or Modification of Stalking No Contact Order

Illinois Order for Extension and/or Modification of Stalking No Contact Order is an order issued by a court in the state of Illinois that allows a victim of stalking to extend or modify an existing order that prohibits the stalker from contacting the victim. Such orders are typically issued in the context of a pending criminal case where the stalker has been charged with stalking the victim. The Illinois Order for Extension and/or Modification of Stalking No Contact Order prohibits the stalker from contacting the victim in any way, including by telephone, mail, electronic means, or in person. It also prohibits the stalker from communicating with any third party who may have contact with the victim, such as family, friends, or employers. The order may also require the stalker to stay away from the victim's place of residence, work, or school. There are two types of Illinois Order for Extension and/or Modification of Stalking No Contact Order: temporary orders and permanent orders. A temporary order is in effect until a hearing is held to decide whether to extend or modify the order, while a permanent order remains in effect until it is vacated or modified by the court.

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FAQ

In Illinois, the burden of proof for obtaining an order of protection rests with the petitioner. You must show that the evidence supports your claim of harm or threat of harm. The Illinois Order for Extension and or Modification of Stalking No Contact Order can be pivotal in presenting your case effectively.

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)

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.

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.

A petition for a civil no contact order may be filed in any county where (1) the petitioner resides, (2) the respondent resides, or (3) the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred. (Source: P.A. 93-236, eff.

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 Emergency Civil No Contact Order gives protection up to three weeks. The court can grant this without the abuser knowing about your petition. A Plenary Civil No Contact Order gives protection up to two years.

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.

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.

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Illinois Order for Extension and or Modification of Stalking No Contact Order