Illinois Summons For Order Of Protection is a legal document used to request a court order that will protect an individual from domestic violence, stalking, or other forms of abuse. It can be issued by the court to a respondent with or without notice, and is used to provide protection from harassment or physical harm. There are three types of Illinois Summons For Order Of Protection: Emergency Order of Protection, Interim Order of Protection, and Plenary Order of Protection. An Emergency Order of Protection is issued when there is an imminent danger of abuse and is valid for up to 21 days. An Interim Order of Protection is issued when both parties have been notified and is valid for up to 30 days. A Plenary Order of Protection is issued after a full hearing and is valid for up to two years.
Illinois Summons For Order Of Protection
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Response by Respondent Lawyer Manual The Respondent can respond to the Order of Protection by filing a motion with 2 days notice asking for a rehearing on the Emergency Order of Protection, or by going to the next court date and requesting a hearing on the Petition.
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 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 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.
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.
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.
Overview. 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.
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)