Illinois Petitioner's Response To Respondent's Verified Petition For Immediate Hearing Ex Parte
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FAQ
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.
The petitioner will not violate the law by contacting you, though you can get in trouble if you continue that contact... it doesn't matter what the petitioner does, ignore them and walk away or you could get criminal charges. The petitioner can ask the court to remove any order of protection at any time.
Criminal Protective Order: an order that is issued for active domestic violence cases and lasts for up to five years or until it expires. Emergency Protective Order: an order issued by the California law enforcement that is legally valid for up to 5 days.
A criminal no contact order will typically prevent the defendant from any contact with the victim or witnesses. The defendant will not be permitted to contact the victim or witnesses in person, via telephone, email, text messages, written mail, or through third party contact.
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 person can get an Emergency Order right away. This only lasts 14 to 21 days. To get a Plenary Order, which can last up to 2 years, the person must get the sheriff to serve you.
At the conclusion of the case, after hearing all arguments and considering all evidence, the judge may decide to grant the petition and issue a plenary order of protection. This is the final order and is valid for up to 2 years.
Violation of an Order of Protection can result in the abuser being found in contempt of court, resulting in fine or incarceration, or criminal charges, carrying penalties up to three years under certain circumstances.
You can't expunge an order of protection in Illinois because it's part of a civil case. That means it doesn't appear on your criminal record.