Illinois Protective Order - Civil Trial

State:
Multi-State
Control #:
US-PI-0048
Format:
Word; 
Rich Text
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Description

This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
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FAQ

The Burden of Proof for Orders of Protection in Illinois In civil and criminal orders of protection, the petitioner has to prove by a preponderance of the evidence that they have been subject to abuse or harassment by the respondent.

If either party were to enter any public place, like a grocery store, restaurant, or event venue, and see each other, the accused would need to leave immediately. Any contact the accused has with the alleged victim, no matter where it is, can be seen as a CPO or NCO violation.

What Happens If an Order of Protection is Violated in IL? Violation of a protective order is considered a Class A misdemeanor in most cases. That can mean a sentence of up to 12 months in jail and fines of as much as $2,500 if you are found guilty of violating the order.

That means the actual order of protection will not appear on your criminal record. However, violating the order is a crime. If you have violated (or have been accused of violating) an order of protection, your arrest, charges and conviction will appear on your criminal record.

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.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

The Civil No Contact Order is a civil "stay away" order for rape victims who do not have a relationship with the offender. Under a CNCO, the court orders the offender not to have any contact with the victim.

If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

Violation of an Order of Protection Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony.

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Illinois Protective Order - Civil Trial