Illinois Petition to for Restraining Order due to Domestic Violence

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Multi-State
Control #:
US-02223BG
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Word; 
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

If you violate the order of protection, or the accuser claims that you have violated it, you may be arrested and charged with a violation. If convicted, you may be sentenced to jail time or be forced to pay a fine.

"Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.

To appeal a temporary restraining order (or denial), you must file your Notice of Appeal within 2 days after the date of the order or denial. See Supreme Court Rule 307(d) for further information.

There are no fees for filing for an order of protection or for having the papers served on the abuser by the sheriff. Also, the court clerk cannot charge a fee for filing, amending (changing), vacating (dismissing), certifying, or photocopying petitions or order of protection.

That means the actual order of protection will not appear on your criminal record. However, violating the order is a crime. If you have violated (or have been accused of violating) an order of protection, your arrest, charges and conviction will appear on your criminal record.

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Illinois Petition to for Restraining Order due to Domestic Violence