Illinois USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

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  • Preview USLegal Guide on Restraining Orders and No Contact Orders
  • Preview USLegal Guide on Restraining Orders and No Contact Orders
  • Preview USLegal Guide on Restraining Orders and No Contact Orders

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FAQ

No contact orders are not the same as protective orders. These come about during criminal cases whereas protective orders are civil matters. No contact orders arise when a prosecutor asks a judge to rule that a defendant cannot contact a victim during a domestic battery or another domestic violence case.

Law enforcement officers have access to temporary restraining orders after a temporary restraining order and a permanent restraining order hearing is held. A protective order is a matter of public record unless it has been classified for some reason, just like any other court order or document.

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. The court can grant this after the abuser knows about your petition.

The Short Form Notification (short form) shall be used to effectuate service of unserved Orders of Protection, Civil No Contact Orders and Stalking No Contact Orders upon respondents during traffic stops and other routine contact with state or local law enforcement officers, or while in custody of law enforcement or ...

In summary, an MPO is a military-specific order that is designed to protect military personnel and their families from harm, while a no contact order is a court-issued order that prohibits an individual from having contact with another person, typically the victim of a crime.

Order of Protection: for cases of domestic abuse where the victim has a known relationship with the abuser. Civil No Contact Order: for cases of sexual assault where there is no relationship with the abuser.

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. The following table explains each of the three types of orders of protections and how long they last.

If the offender was not served, the judge will reschedule the hearing for another day. If that happens and you have an emergency order, the order will be extended until the date of the next hearing. How long will the plenary order last? A plenary protective order can last up to two years.

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Illinois USLegal Guide on Restraining Orders and No Contact Orders