Illinois Order of Protection - Summons

State:
Illinois
Control #:
IL-SKU-3658
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PDF
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Description

Order of Protection - Summons

Illinois Order of Protection — Summons is a court order issued by a judge that requires an individual to stay away from another individual for a set period of time. It is also known as a restraining order, protective order, or no-contact order. There are three types of Illinois Order of Protection — Summons: Emergency Order of Protection, Interim Order of Protection, and Plenary Order of Protection. An Emergency Order of Protection is issued without the respondent (the individual whom the order is filed against) present, and is intended to protect the petitioner (the individual who requested the order) from imminent danger or harm. An Interim Order of Protection is issued after a hearing in which the respondent was present and is effective until the court issues a Plenary Order of Protection. A Plenary Order of Protection is issued after a hearing in which both the petitioner and respondent were present and is effective for a set period of time determined by the court.

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FAQ

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.

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 law basically includes all family members, or people who have or had a dating relationship, or people who do or did live together regardless of a dating or family relationship. A No Stalking No Contact Order differs from an Order of Protection in that is does not require a domestic relationship.

An Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.

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)

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.

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.

There are three basic types of Orders of Protection in Illinois: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. Emergency Orders of Protection are intended to cover the time period before a respondent can be properly served with process.

More info

First, the plaintiff (the person filing the case) fills out the DVPO paperwork and gives it to the clerk of court. Go to the courthouse and get the forms you need.Once you file for a protection from harassment order, the clerk will schedule a date and time for a hearing. Complete the summons and give information to allow the sheriff to identify your abuser. Your abuser will need to be served a civil summons to appear in court. If the judge gives you a Preliminary Protective Order, it will last 15 days or until the full hearing. This page provides you with some general information regarding the protection order hearing. Ex Parte Order of Protection (Spanish). Office hours are 8am-pm. Mail your completed and notarized Protection Order Forms.

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Illinois Order of Protection - Summons