Does an emergency order of protection stay on your record in Illinois?

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.

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Illinois Emergency Order Of Protection

Illinois Emergency Order Of Protection

Name: Illinois Emergency Order Of Protection
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.66 (386 reviews)

Category:

Illinois Local County - McHenry - General

State:

Illinois

Control #:

IL-CV-ORD2E

Format:

Instant download

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Description

Emergency Order Of Protection An Illinois Emergency Order of Protection is a court order issued in the state of Illinois that provides temporary protection for victims of domestic violence. The Order of Protection prohibits the abuser from engaging in certain behaviors such as contacting the victim, entering the victim's residence, and possessing a firearm. It also may grant the victim temporary possession of the residence, custody of children, and temporary financial support. There are three types of Illinois Emergency Order of Protection: Plenary Order of Protection, Interim Order of Protection, and Emergency Order of Protection. A Plenary Order of Protection is issued after a hearing and lasts up to two years. An Interim Order of Protection is issued without a hearing and is effective until a hearing can be held, usually within 14 days. An Emergency Order of Protection is issued without a hearing and is effective for up to 14 days.

An Illinois Emergency Order of Protection is a court order issued in the state of Illinois that provides temporary protection for victims of domestic violence. The Order of Protection prohibits the abuser from engaging in certain behaviors such as contacting the victim, entering the victim's residence, and possessing a firearm. It also may grant the victim temporary possession of the residence, custody of children, and temporary financial support. There are three types of Illinois Emergency Order of Protection: Plenary Order of Protection, Interim Order of Protection, and Emergency Order of Protection. A Plenary Order of Protection is issued after a hearing and lasts up to two years. An Interim Order of Protection is issued without a hearing and is effective until a hearing can be held, usually within 14 days. An Emergency Order of Protection is issued without a hearing and is effective for up to 14 days.

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FAQ

Unlike restraining orders, orders of protection refer to specific orders meant to protect someone from domestic violence (coming from another member of the household). Orders of protection are easier to enforce than restraining orders, and come with more severe penalties.

The standard of proof required is ?a preponderance of the evidence,? the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true.

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.

You cannot expunge a violation of an order of protection in the state of Illinois if you were convicted of the crime. It must remain on your criminal record.

If you've been served with an order of protection in Illinois, you need to know that the police and other law enforcement officials will know it's there ? and it goes on your criminal record.

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)

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.

More info

An emergency protective order is a court order that directs one person to refrain from committing certain acts against another person. For example, a protective order might direct a husband not to come within the physical presence of his wife.An Emergency Order of Protection (EOP) is also a legal order to prevent domestic violence. Emergency Orders of Protection are available from local law enforcement agencies. You should also bring your copy of any Emergency Protective. Criminal Protective Orders: Under special circumstances, a criminal protective order (CPO) may be issued to protect an apparent victim of domestic violence. Go to the Clerk of the Circuit Court's Office and tell the clerk you want to file a protective order. An Emergency Order of Protection gives protection up to three weeks. The court can grant this without the abuser knowing about your petition. A court can order either a temporary or final order of protection to limit the behavior of someone who harms or threatens to harm another person.

Illinois Emergency Order Of Protection

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