The Illinois Order of Protection-Summons is a legal document issued by the court that orders the respondent (the person against whom the Order of Protection is sought) to appear in court and answer the petitioner’s (the person seeking the Order of Protection) allegations. The Order of Protection-Summons directs the respondent to appear at the hearing and outlines the specific allegations that the petitioner is making against the respondent. It is served by law enforcement officers or by a private process server. There are two types of Illinois Order of Protection-Summons: a Civil Order of Protection and a Plenary Order of Protection. The Civil Order of Protection is issued when the respondent has engaged in non-violent acts such as harassment, stalking, interference with personal liberty, or other forms of non-criminal conduct. The Plenary Order of Protection is issued when the respondent has engaged in violent acts such as assault, battery, or domestic violence.
Illinois Order of Protection-Summons
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How to fill out Illinois Order Of Protection-Summons?
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FAQ
Strictly speaking, a restraining order will usually not appear on a regular criminal background check. Because the order itself is only a civil matter with potential criminal penalties, it will not appear on a report containing only convictions.
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.
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.
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.
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.
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)