FREQUENTLY ASKED QUESTIONS · Protection in either civil court or in criminal court. The respondent must pay a filing fee. If the Order of Protection is requested in criminal court,

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THE CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS ORDER OF PROTECTION INFORMATION

Disclaimer:

The information on this website is for information only. The information is not legal advice. The Clerk’s Office strongly recommends that you consult with an attorney if you have legal questions.

FREQUENTLY ASKED QUESTIONS What is the difference between asking for an Order of Protection in Civil Court and asking for an Order of Protection in criminal court?

An Order of Protection is a court order that protects people from domestic, family, or dating violence. An Order of Protection can be granted in civil court or in criminal court. There is no fee for the petitioner who requests an Order of Protection in either civil court or in criminal court. The respondent must pay a filing fee. If the Order of Protection is requested in criminal court, the State’s Attorney is the attorney of record. The Order of Protection always has a criminal case attached to it. If the Order of Protection is requested in civil court, the petitioner may hire an attorney or request the Order Pro Se (that means that the petitioner acts as her/his own attorney.) There are no criminal charges in a civil court.

Who is eligible to be protected under an Order of Protection?

Under Illinois law, the people who may request an Order of Protection are limited to the following: spouses/former spouses and relatives of the alleged abuser; people who live or have formerly lived with the alleged abuser; people who are dating or have formerly dated the alleged abuser; people who are engaged or were formerly engaged to the alleged abuser; people with disabilities who receive living assistance from the alleged abuser.

Who is not eligible for protection under the Order of Protection?

Those who do not qualify for protection under the Order of Protection are neighbors with, acquaintances of, strangers to, or co-workers of, the person who hurt them. Please talk to law enforcement officers about other ways you can be protected.

What are the definitions to the terms commonly used in the Order of Protection?

Abuse – includes physical abuse, harassment, intimidation of a dependent; interference with personal liberty or willful deprivation. Reasonable discipline by a parent or guardian is not considered abusive.

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Bench Warrant – an order by a judge for someone’s arrest. A judge may issue a bench warrant in a number of circumstances, including the instance when someone does not obey a court order such as the Order of Protection or fails to come to a court hearing that s/he was ordered to attend. Default Judgment – a judgment made against someone who did not defend him/herself against a claim. For example, a petitioner may receive an Order of Protection by default judgment if the respondent fails to appear in court. Domestic Violence – according to the Illinois Domestic Violence Act (IDVA) domestic violence is abuse by one person against another. Only those individuals who meet the IDVA relationship standard may ask for an Order of Protection. Exploitation – misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, fraud, deception, extortion or by another illegal means. Felony – a serious criminal offense. The sentence can include imprisonment for more than one year. Harassment – unwelcome actions from a person that inflict stress on another person’s well being. The following examples are considered to be forms of harassment: starting a disturbance at petitioner’s place of employment or school; repeatedly telephoning petitioner’s employment, school, or home; repeatedly following petitioner in public; keeping petitioner under surveillance while at home, school, place of

employment, or in their vehicle as well as by peering through petitioner’s windows; kidnapping, hiding, or removing a child from petitioner’s physical care, or

threatening to do so; threatening petitioner with physical force, confinement or restraint.

Interference with personal liberty – forcing a petitioner to do something against his/her will or prohibiting a petitioner from doing something of his/her choosing. Intimidation of a dependent – making a person who, because of age, health, or disability take part in, or watch, the abuse of another person. Liable – legally responsible. Misdemeanor – a less serious crime than a felony. A finding of guilt on a misdemeanor charge can lead to imprisonment for up to one year. Neglect – failure to give sufficient care, as defined by the general population, to a high-risk adult with disabilities.

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Order of Protection – a court order signed by a judge that restricts one person’s (the respondent) behaviors toward another (the petitioner). An Emergency Order of Protection is usually good for 21 days. A Plenary Order of Protection is usually good for two years. Orders of Protection can be renewed.

Petitioner – refers to the person on the Order of Protection who alleges to have been harmed by another person. Petitioner also includes any person protected by the Illinois Domestic Violence Act, for example, the children of the petitioner. Physical abuse – conduct of a person that creates an immediate risk of physical harm to another. Physical abuse includes, but is not limited to, any of the following: sexual abuse, physical force, confinement, restraint, repeated and unnecessary sleep deprivation, hitting, punching, hair pulling, slapping, use of weapons. Pro Se – acting as your own attorney. In a civil courtroom, both the petitioner and the respondent may choose to act as their own attorney.

Remedy – actions a judge may order a respondent to take in order to bring an end to the harm the respondent is inflicting on the petitioner. If a respondent disobeys (violates) the judge’s order s/he may be charged with the crime of Violation of the Order of Protection. Respondent – refers to the person on the Order of Protection who has allegedly inflicted harm on another person. Stalking – a threatening action toward another person defined by, knowingly and without legal justification, following that person on at least two (2) occasions.

Willful deprivation – denying a disabled, elderly or ill petitioner medical care, shelter, food, or needed services. Willful deprivation can make the petitioner open to the risk of physical, mental, or emotional harm.

How should I act in court?

Court is very serious. One should dress neatly for court appearances and be polite at all times. Newspapers, magazines, or books may not be read and cell phones and pagers should be turned off while court is in session. When the judge asks questions, one should look at him/her directly and speak clearly in order that s/he and the court reporter can effectively hear the answer.

Who are the people in court?

Litigants are the parties involved in the court case. In a domestic violence court case, the litigants are the petitioner (the person who was allegedly hurt by the respondent) and the respondent (the person who allegedly hurt the petitioner). The judge sits on the bench and decides on the merits (the truth) of a case.

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Assistant State’s Attorney (ASA) is the attorney for the State in a domestic violence case in criminal court. The ASA tries to prove the case against the respondent. Public Defender is a free attorney for the respondent in a domestic violence case in criminal court. The court can appoint a Public Defender for the respondent if the respondent cannot afford a private attorney. The respondent may choose to hire a private attorney to defend him/her in criminal or civil court. Private Attorney is an attorney hired by a petitioner or a respondent in a domestic violence case in civil court. A respondent may also, if s/he so chooses, hire a private attorney to represent him/her in a criminal case. Both the petitioner and the respondent may also choose not to hire an attorney. Each litigant has the choice to present the case Pro Se (as their own attorney). A court reporter sits next to the judge and types everything the judge, attorneys, witnesses and litigants say. Court clerks swear the litigants in, call cases, provide files for the judge, and keep records for the court system which detail the judge’s rulings on his/her cases. Sheriffs are law enforcement personnel who keep order in the court. Witnesses are individuals who observed events that happened between the litigants that are relevant to the case. The ASA, Public Defender, or litigants may ask that witnesses testify for either the petitioner or the respondent.

What happens in Court? Upon arrival, litigants should walk to the front of the courtroom and talk to the court clerk. Each litigant tells the clerk his/her name and the name of the other litigant. When the judge enters the courtroom, everyone in the room is expected to stand. The court clerk introduces the judge and tells the purpose of the court. The court clerk calls the cases by the names of the litigants and the case number. The first cases to be called are those where private attorneys represent the petitioner or respondent. The ASA cases are called secondly. Pro Se cases are called lastly and in order of the time the litigants check in with the court clerk. It is important for litigants to listen carefully for their names and the names of the other party. When a litigant’s name is called, s/he walks to the front of the courtroom and stands in front of the judge. The judge will ask each of the litigants questions. Litigants should answer each question politely and honestly. Witnesses may be called forward to tell about the events they observed. The judge will decide if the petitioner or the respondent is telling the truth and if an Order of Protection is necessary to protect the petitioner.

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If the judge decides that the petitioner does not qualify for an Order of Protection, the petitioner should leave the courtroom quietly. If the judge decides to grant the petitioner an Order of Protection, the petitioner should return to her/his seat. The Court Clerk will stamp the Order of Protection and give the petitioner a copy. Litigants may leave the courthouse when they receive copies of the Order of Protection. It is important that litigants keep a copy of the Order of Protection with them at all times. Litigants may want to make copies of the Order of Protection in the event that the original is lost. After the court case, the petitioner is encouraged to talk to an advocate from a domestic violence program. Advocates can help petitioners with a safety plans, offer counseling or shelter options, help them make decisions on further actions to take, and call them for the next court date.

May I bring my children with me to court? Children are not allowed in the courtrooms. The newly designated domestic violence courthouse does, however, have an excellent children’s room if you must bring your child/ren with you on the day your court case is being heard.

How does the respondent get a copy of the Order of Protection? If the respondent is in court, s/he will receive a copy of the Order of Protection immediately. If the respondent is not in the courtroom, a copy of the Order of Protection is sent to the Sheriff’s Office by the Clerk’s Office for service on the respondent. The Sheriff’s Office will attempt service of the order on the respondent as soon as possible. According to the IDVA, the service must be personal and given directly to the respondent. When the Order of Protection is served, the Sheriff sends a copy of the proof of service form to the Clerk’s Office; the form is filed in the case file and service is indicated in the court record. If the Sheriff cannot find the respondent, the order cannot be served. The Sheriff’s Office receives a copy of the Order of Protection on the day of the hearing. The Sheriff’s Office enters the Order of Protection into the LEADS database. Every law enforcement agency can look in the LEADS system to find out if there is an Order of Protection against a respondent and if the Order of Protection was served on the respondent.

How is the Order of Protection delivered to respondents who reside outside of Cook County?

Criminal Court: the State’s Attorney’s Office faxes, then sends a hard copy of the Order of Protection to the Sheriff’s Office in the County of the respondent’s address. If the Order of Protection is served on the respondent, the Sheriff’s Office sends proof of service to the Clerk’s Office. Civil Court: The private attorney or pro se petitioner may send the respondent’s copy by both fax and hard copy to the Sheriff’s Office in the County of the

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respondent’s address. If the Order of Protection is served on the respondent, the Sheriff’s Office sends proof of service to the Clerk’s Office. The petitioner may also hire a private process server to serve the Order of Protection on the respondent. Proof of that service must be sent to the Clerk’s Office. If the order is not served on the respondent the judge, at the time of the next court date, may:

extend the Order of Protection in order for the Sheriff’s Office to try to serve the Order on the respondent again; allow the petitioner to give another address for service; or allow the petitioner to request that service be given through publication.

The Clerk’s Office has the forms for Extensions, Modifications, and Service by Publication.

What is the penalty for violating an Order of Protection? Violation of the Order of Protection is a crime. The crime may be charged as a misdemeanor or a felony, depending on the nature of the violation.

(Rev. 5/2/01) CCDR 0601

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISCOUNTY DEPARTMENT - DOMESTIC RELATIONS DIVISION

IN RE:

_________________________________________________________ NO. ______________________________ PETITIONER

AND

CALENDAR ________________________________________________________________________________

RESPONDENT

DOMESTIC RELATIONS COVER SHEET

A Domestic Relations Cover Sheet shall accompany the initial pleading in all actions filed in the Domestic RelationsDivision. The information contained herein is for administrative purposes only and shall not be introduced intoevidence. Please check the box designating the category which best describes the action to be filed.

GENERAL PROCEEDINGS

A 0017 Praecipe for Dissolution of MarriageB 0018 Praecipe for Legal SeparationC 0001 Petition for Dissolution of MarriageD 0003 Petition for Legal SeparationE 0002 Petition for Declaration of Invalidity of MarriageF 0006 Petition for Legal Separation or /alternative Dissolution of MarriageG 0009 Petition for Declaration of Invalidity or /alternative Dissolution of MarriageH 0010 Joint Petition for Simplified Dissolution of MarriageI 0004 Petition for Custody onlyJ 0011 Petition for Custody (Hague Convention)K 0005 Petition for Visitation onlyL 0007 Petition for Order of Protection only (which may include custody/visitation issues)M 0085 Petition to Register Foreign JudgmentN Other Petition

SUPPORT ENFORCEMENT PROCEEDINGS

O 0038 Administrative Declaration of ParentageP 0034 Parentage (IV-D)Q 0033 Parentage (non IV-D)R 0035 Article X (IV-D)S 0039 Article X (non IV-D)T 0036 UIFSA

This action does \ does not involve a minor child or children 0100 0101

_______________________________ _____________________________________________________________________________ Attorney Pro Se_______________________________ Attorney Code:

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

CCDR N001-10M-9/21/05( )

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISCOUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

IN RE THE MARRIAGE CUSTODY No. __________________________________________ SUPPORT OF: ORDER OF PROTECTION

Calendar _______________________________________

______________________________________________ Please serve the Respondent at:PETITIONER

AND ______________________________________________

______________________________________________ ______________________________________________RESPONDENT

2120 - Summons - Retd. P.S. 2220 - Summons - Retd. N.S.2121 - Alias Summons - Retd. P.S. 2221 - Alias Summons - Retd. N.S.2700 - Return of Service P.S. - Ord. of Protect. 2702 - Return of Service N.S. - Ord. of Protect.

SUMMONS

TO THE RESPONDENT:

The Petitioner has filed a legal proceeding against you for one or more of the following:

Dissolution of Marriage Legal Separation Declaration of Invalidity Custody Child Support Order of Protection under the Illinois Domestic Violence Act Praecipe for Summons * Other: _________________

YOU ARE SUMMONED and required to file your WRITTEN APPEARANCE AND RESPONSE in the Office of the Clerk ofthe Circuit Court Located at:

Richard J. Daley Center Domestic Violence Court Child Support50 W. Washington, Room 802 555 W. Harrison Street 28 N. Clark, Room 200Chicago, IL 60602 Chicago, IL 60607 Chicago, IL 60602

District 2 - Skokie District 3 - Rolling Meadows District 4 - Maywood5600 Old Orchard Road 2121 Euclid 1500 Maybrook DriveSkokie, IL 60077 Rolling Meadows, IL 60008 Maywood, IL 60153

District 5 - Bridgeview District 6 - Markham10220 S. 76th Avenue 16501 S. Kedzie Pkwy.Bridgeview, IL 60455 Markham, IL 60426

not later than 30 days 7 days after service of this summons, not counting the day of service.

IF YOU FAIL TO FILE YOUR WRITTEN APPEARANCE WITHIN THE TIME STATED ABOVE, A DEFAULT JUDGMENTMAY BE ENTERED AGAINST YOU AND THE COURT MAY GRANT THE PETITIONER ALL OR PART OF THE RELIEFTHAT SHE OR HE IS REQUESTING IN HER OR HIS PETITION.

TO THE OFFICER: This summons must be returned by the officer or other person to whom it was given for service, with endorsementthereon of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.

WITNESS, ____________________________, __________

______________________________________________Circuit Court Clerk

Date of Service: _________________________, __________ [To be inserted by officer on copy left with respondent or other person]

SEE REVERSE SIDE

**Service by Facsimile Transmission will be accepted at: __________________________________________________________(Area Code) (Facsimile Telephone Number)


Atty. Code No.: __________________

Name: ______________________________________________

Atty. for Petitioner: __________________________________

Address: ____________________________________________

City/State/Zip: ________________________________________

Telephone: __________________________________________

}

(9/21/05) CCDR N001

NOTICE PURSUANT TO ILLINOIS SUPREME COURT RULE SCR 101(e)

ON SERVICE OF THIS SUMMONS, A DISSOLUTION ACTION STAY SHALLBE IN EFFECT, RESTRAINING BOTH PARTIES, AS PROVIDED BY STATUTE

750 ILCS 5/501.1(a) of the Illinois Marriage and Dissolution of Marriage Act includes the following:

Dissolution action stay.

a) Upon service of a summons and petition or praecipe filed under the Illinois Marriage and Dissolution of Marriage Actor upon the filing of the respondent's appearance in the proceeding, whichever first occurs, a dissolution action stay shall bein effect against both parties and their agents and employees, without bond or further notice, until a final judgment is entered,the proceeding is dismissed, or until further order of the court:

(1) Restraining both parties from physically abusing, harassing, intimidating, striking or interfering withthe personal liberty of the other party or the minor children of either party; and

(2) Restraining both parties from removing any minor child of either party from the State of Illinois or fromconcealing any such child from the other party without the consent of the other party or an order ofthe court.

ANY PERSON WHO FAILS TO OBEY A DISSOLUTION ACTION STAY MAY BESUBJECT TO PUNISHMENT FOR CONTEMPT.

* * * * * * * *

*When a praecipe for summons filed without the petition, the petitioner has commenced suit for dissolution of marriageor legal separation and the respondent is required to file his or her appearance not later than 30 days from the day the summonsis served and to plead to the petitioner's petition within 30 days from the day the petition is filed. {750 ILCS 5/411 (b)}


0007Petition: 1 of 5 Pages 3501 CCG N800 A-20M-2/28/05 ( )

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

People ex rel. _____________________________________________

______________________________________________ on behalf of Case No. ____________________________

_____________________________________ self and/or on behalf of

____________________________________________________ Petitioner

v.

____________________________________________________ Respondent

PETITION FOR ORDER OF PROTECTION (Fill in lines and check boxes as applicable)

Now comes the Petitioner ___________________________________________________ on his/her own behalf or on behalf of

____________________________________________________, a minor child, or on behalf of ____________________________________________________________________, an adult who cannot file a petition because of age, health, disability or inacces-sibility on his/her own behalf, pursuant to the Illinois Domestic Violence Act (IDVA), and moves this Honorable Court to issue an Order of Protection in thiscause and in support thereof states as follows:

ALLEGATIONS

THIS COURT HAS JURISDICTION OF THE SUBJECT MATTER AND OVER ALL NECESSARY PERSONS, WITH APPROPRIATE VENUE,BECAUSE:

A. Petitioner resides at ___________________________________________________________________________________,(Street Address, City)

in the County of _______________________ State of ____________________; OR

Petitioner resides at ___________________________________________________________________________________,(Street Address, City)

in the County of _______________________ State of ___________________; and __________________________________,

the person on whose behalf this Petition is brought, resides at _____________________________________________________,(Street Address, City)

in the County of _______________________ State of ____________________; OR

Petitioner's address is omitted pursuant to statute. [Alternative address for notice of any motion is ______________________________

______________________________________________________________________________________________________ .]

B. Respondent resides at ____________________________________________________________________________________,(Street Address, City)

in the County of _______________________ State of _____________________________.

C. Respondent stands in relationship to the Petitioner or alleged abused person/as:

Spouse; Former spouse; Parent;

Child; Having or allegedly Stepchild;having a child in common;

Sharing or formerly sharing a Having or having had a dating Other person related bycommon dwelling; or engagement relationship; blood or marriage.

Sharing a blood relationship Personal assistant to person withthrough a child; disabilities or a person who has

responsibility for a high-risk adultwith disabilities;


Case No. ________________________________

Independent Proceeding

Other Civil Proceeding

(specify) ______________________________Criminal Proceeding

Juvenile Proceeding

Petition: 2 of 5 Pages CCG N800 B-20M-2/28/05 ( )

D. There is no other pending court action involving the parties OR

there is another pending court action involving the parties in ________________________________________________ Court,

County of _______________________ State of _______________________ known as Case No. ________________________.

E. As referred to herein, "the minor child/ren" are ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

The Court has jurisdiction over the minor child/ren because:

1. the State of Illinois

a. is the home state (as defined in the Illinois Uniform Child Custody Jurisdiction Act) of the child/ren at the time of thecommencement of this proceeding, or

b. had been the child/ren's home state within 6 months before commencement of the proceeding and the child is absentfrom this State because of his/her removal or retention by a person claiming his/her custody or for other reasons, andparent or person acting as parent continues to live in this state;

OR2. it is in the best interest of the child that a court of this State assume jurisdiction because the child and his/her parents, or

the child and at least one contestant, have significant connection with this State, and there is available in this Statesubstantial evidence concerning the child's present or future care, protection, training and personal relationships;

OR3. the child is physically present in this State and

a. the child has been abandoned, or

b. it is necessary in an emergency to protect the child because s/he has been subjected to or threatened withmistreatment or abuse or is otherwise neglected or dependent;

OR4. it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs 1, 2 or 3

or another state has declined to exercise jurisdiction on the grounds that this State is the more appropriate forum to determinethe custody of the child, and it is in the best interest of the child that this Court assume jurisdiction.

F. No "father and child relationship" (pursuant to the Illinois Parentage Act of 1984) has been established with the following child/ren:___________________________________________________________________________________________________.

G. The primary caretaker of the minor child/ren is or has been _______________________________________________________.

H. Venue in civil proceedings is appropriate because:Petitioner resides in the County of Cook, State of Illinois; ORRespondent resides in the County of Cook, State of Illinois; ORthe alleged abuse occurred in the County of Cook, State of Illinois; ORthe Petitioner is temporarily located in the County of Cook, State of Illinois, to avoid further abuse, and could not obtain safe,accessible, and adequate temporary housing in the county of his/her residence.

PETITIONER ALLEGES AS TO RESPONDENT THAT:

I. the following individuals are alleged to be persons who need to be protected from abuse by Respondent: ____________________________________________________________________________________________________________________________.

J. Respondent has acted in the following manner towards the Petitioner:[State details of incident(s) of abuse (including time and place), as well as effects of incident(s) on Petitioner.]

Incident(s): _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Effect(s):______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Case No. ________________________________

Petition: 3 of 5 Pages CCG N800 C-20M-2/28/05 ( )

K. Petitioner should be granted exclusive possession of the residence, the special venue rules of sec. 209(b) of IDVA (applicable only in civilproceedings) having been met, because:

Petitioner has a right to occupancy and Respondent has no right to occupancy ORboth parties have a right to occupancy; and, considering the risk of further abuse by Respondent interfering with the Petitioner's safe

and peaceful occupancy, the balance of hardships favors the Petitioner because of the following relevant factors:

Availability, accessibility, cost, safety, adequacy, location and other characteristics of alternative housing for each party andany minors or other dependents; and/or

Effect on each party's employment; and/or

Other factors, as follows: ______________________________________________________________________________________________________________________________________________________________________.

L. Respondent should be ordered to stay away from Petitioner and the protected persons.Respondent should be prohibited from entering or remaining present at Petitioner's school, place of employment or (specify)__________________________________________________________________________________________ because:

Respondent has no right to enter/remain present at such place(s); ORThe balance of hardships favors the Petitioner in prohibiting the Respondent from entering or remaining at such place(s).

M. The likelihood of future abuse would be minimized by appropriate counseling.N. Petitioner should be granted physical care of the minor child/ren or granted other appropriate relief because there exists a danger that

the minor child/ren will be:abused or neglected; and/or

separated in an unwarranted manner from the child/ren's primary caretaker; and/orunprotected as to his/her/their well-being.

O. Petitioner should be granted temporary legal custody of the minor child/ren.

P. The Respondent's visitation with the minor child/ren should be restricted or denied because the Respondent has or is likely to:abuse or endanger the minor child/ren during visitation; and/oruse visitation as an opportunity to abuse or harass Petitioner or Petitioner's family or household members; and/orimproperly conceal or detain the minor child/ren; and/orotherwise act in a manner that is not in the best interest of the minor child/ren.

Q. There exists a danger that the minor child/ren will be removed from this jurisdiction or concealed within the State.

R. Respondent has knowledge of the whereabouts of, or access to, the minor child/ren.S. Petitioner should be granted exclusive possession of the following items of personal property:

______________________________________________________________________________________________________________________________________________________________________________________________,because:

Petitioner, but not Respondent, owns such property;OR

sharing the property creates a further risk of abuse or is impractical; the balance of hardships favors temporary possessionby Petitioner; and

Petitioner and Respondent own the property jointly, orthe property is alleged to be marital property and a proceeding has been filed under the IMDMA.

T. An order should be granted protecting the following items of personal property:_________________________________________________________________________________________________________________________________________________________________________________________________,because:

Petitioner, but not Respondent, owns such property;OR

the balance of hardships favors Petitioner, andPetitioner and Respondent own the property jointly, orthe property is alleged to be marital property and a proceeding has been filed under the IMDMA.

U. Respondent has a legal obligation to support Petitioner and/or the minor child/ren, and Respondent is able to provide such support.V. As a direct result of the above described abuse, Petitioner has suffered certain losses, incurred certain expenses, and/or has been provided

temporary shelter/counseling services, as follows:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.


Case No. ____________________________

Petition: 4 of 5 Pages CCG N800 D-20M-2/28/05 ( )

W(1). There is a threat to the safety and well-being of Petitioner's family or household when Respondent enters or remains on the premises whileunder the influence of alcohol or drugs.

W(2). Respondent should be ordered to surrender any and all firearms to the local law enforcement agency. If Respondent is a law enforcementofficer, any and all firearms must be surrendered to Respondent's employer.

X. Respondent should be denied access to school or other records of the minor child/ren because:Respondent is or will be prohibited from having contact with the minor child/ren; orPetitioner's address is omitted pursuant to statute; orit is necessary to prevent abuse or wrongful removal or concealment of the minor child/ren.

Y. Allegations for other injunctive relief:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Z. Disclosure of Petitioner's address would risk further abuse to her/him or to another protected person, or such disclosure would reveal theconfidential location of a shelter for domestic violence victims.

Additional Allegations for Emergency Orders Only

(i) For requested remedies 1, 3, 5, 7, 8, 9, 11, 14, 15, and 17, the harm which that remedy is intended to prevent would be likely to occurif Respondent were given any prior notice, or greater notice than was actually given of Petitioner's efforts to obtain judicial relief.

(ii) For requested remedy 2, the immediate danger of further abuse of Petitioner by Respondent if Petitioner chose or had chosen toremain in the household while Respondent was given any prior notice or greater notice than was actually given, outweighs thehardship to Respondent of an emergency order granting Petitioner exclusive possession of the residence or household.

(iii) For requested remedy 10, improper disposition of the personal property would be likely to occur if Respondent were given anyprior notice or greater notice than was actually given of Petitioner's effort to obtain judicial relief, or that Petitioner has animmediate and pressing need for possession of that property.

REMEDIES REQUESTEDPETITIONER REQUESTS THAT THE COURT FIND THAT THE FOLLOWING ARE PROTECTED PERSONS:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

WHEREFORE, PETITIONER REQUESTS THE ENTRY OF AN ORDER OF PROTECTION SETTING FORTH THE FOLLOWING REMEDIES:

1. With respect to Petitioner and other Protected Persons, Respondent should be prohibited from committing the following:Physical abuse; Harassment; Interference with personal liberty; Intimidation of a dependent;Willful deprivation; Neglect; Exploitation; Stalking.

2. Petitioner should be granted exclusive possession of the residence and Respondent should be prohibited from entering or remaining at suchpremises:(Address) ___________________________________________________________________________________________.

3. a. Respondent should be ordered to stay away from Petitioner and other protected persons; and/orb. Respondent should be prohibited from entering or remaining at ________________________________________________

_____________________________________________________________ while any Protected Person is present; and/or

c. Respondent should be allowed access to the residence on (date) _________________ at (time) _____________ in the presense of

(name) _________________________________________ to remove items of clothing, personal adorments, medications used

exclusively by the Respondent and other items, as follows: ____________________________________________________.

4. Respondent should be ordered to undergo counseling for a period of time to be determined by this court. (Not available in Emergency Order)

5. a. Petitioner should be granted physical care and possession of the minor child/ren; and/orb. Respondent should be ordered to:

return the minor child/ren _________________________________________________________ to the physical care of

_____________________________________________________________________________________; and/or

not remove the minor child/ren _________________________________________________________________ from

the physical care of Petitioner or ____________________________________________________________________.

6. Petitioner should be granted temporary legal custody of the minor child/ren _______________________________________________.(Not available in Emergency Order)


Case No. ________________________________

Petition: 5 of 5 Pages CCG N800 E-20M-2/28/05 ( )

7. a. Respondent should be awarded visitation rights on the following dates and times or under the following conditions or parameters:(No order shall merely refer to the term "reasonable visitation".)________________________________________________________________________________________________________________________________________________________________________________.

b. Respondent's visitation should be restricted as follows:________________________________________________________________________________________________________________________________________________________________________________.

c. Respondent's visitation should be denied.8. Respondent should be prohibited from removing the minor child/ren from Illinois or concealing them within Illinois.9. Respondent should be ordered to appear in this Court with/without the child/ren on a date certain.10. Petitioner should be granted exclusive temporary possession of the following personal property and the Respondent should be ordered to

deliver to Petitioner said property that is in Respondent's possession or control, to wit:__________________________________________________________________________________________________________________________________________________________________________________________________.

11. Respondent should be ordered not to take, encumber, conceal, damage or otherwise dispose of any of the following real or personal property, towit: _______________________________________________________________________________________________________________________________________________________________________________________________.

12. Respondent should be ordered to pay temporary support for Petitioner and/or the minor child/ren of the parties as follows $ _____________per_________________, starting __________________________ payable through the Clerk of the Circuit Court, or directly

to Petitioner. (Not available in Emergency Order)

13. Respondent should be ordered to pay $ ____________ respecting losses and expenses within the scope of Sec. 214(b)(13) of the IDVA

to __________________________ on or before ________________________. (Not available in Emergency Order)

14. Respondent should be prohibited from entering or remaining at the household or residence located at ______________________________________________________________________________________________________________________ while underthe influence of alcohol or drugs and so constituting a threat to the safety and well-being of any Protected Person.

14.5. Respondent must be ordered to surrender any and all firearms to the local law enforcement agency (i.e., police department). If the Respondentis a law enforcement officer, any and all firearms must be surrendered to Respondent's employer. (All surrendered firearms shall remainconfiscated for a period not to exceed two (2) years.)

15. Respondent should be denied access to school or any other records of the minor child/ren and prohibited from inspecting, obtaining orattempting to inspect or obtain such records.

16. Respondent should be ordered to pay $ ______________ to the following shelter ________________________________________on or before _____________________________. (Not available in Emergency Order)

17. Respondent should be further enjoined as follows:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________ Signature of Petitioner

Signature of Attorney or State's Attorney

UNDER THE PENALTIES OF PERJURY AND AS PROVIDED BY LAW PURSUANT TO SECTION 1-109 OF THE CODE OF CIVIL PROCEDURE, THEUNDERSIGNED CERTIFIES THAT THE STATEMENTS SET FORTH IN THIS INSTRUMENT ARE TRUE AND CORRECT, EXCEPT AS TO MATTERSSTATED TO BE ON INFORMATION AND BELIEF AND AS TO SUCH MATTERS THE UNDERSIGNED BELIEVES THE SAME TO BE TRUE.

Dated: ______________________________, ___________ ___________________________________________Signature of Petitioner


Case No. ________________________________

Atty. No.: _________________Attorney (or Pro Se Petitioner):

Name: _____________________________________________________Address: __________________________________________________City/State/Zip: _______________________________________________Telephone: _________________________________________________

People ex rel. ___________________________________________

_____________________________________________ on behalf of

_______________________________________ self and/or behalf of

______________________________________________________Petitioner v.

______________________________________________________ Respondent

_________________________________________________________________________________________________________________________________________PETITIONER ADDRESS CITY/STATE/ZIP

(Check if omitted pursuant to Statute)_________________________________________________________________________________________________________________________________________RESPONDENT ADDRESS CITY/STATE/ZIP

________________________________________________________________________________________________________________________________________Birthdate Sex Race Height Weight Hair Eyes Social Security Number (if known)

- -(Required for LEADS)________________________________________________________________________________________________________________________________________EMERGENCY ORDER OF PROTECTION

CRIM CODE 952 CIVIL CODE 4553

Any order of protection which would expire on a court holiday shall instead expire at the close of the next court business day.750 ILCS 60/220 (f)

The following persons are protected by this Order: ___________________________________________________________________

____________________________________________________________________________________________________________

“The minor child/ren” referred to herein are: _____________________________________________________________________________

_____________________________________________________________________________________________________________

Date, time and place for further hearing:

Date: ________________________________ Time: _______________ Courtroom/Calendar No.: _______________________

Location: __________________________________________________________________________________________________________________________________________________This Order was issued on: This Order will be in effect until:

Date: ___________________________ Time: ________________ Date:_________________________ Time:________________


ANY KNOWING VIOLATION OF ANY ORDER OF PROTECTION FORBIDDING PHYSICAL ABUSE, NEGLECT, EXPLOITATION, HARASSMENT, INTIMIDATION,INTERFERENCE WITH PERSONAL LIBERTY, WILLFUL DEPRIVATION, OR ENTERING OR REMAINING PRESENT AT SPECIFIED PLACES WHEN THE PROTECTEDPERSON IS PRESENT OR GRANTING EXCLUSIVE POSSESSION OF THE RESIDENCE OR HOUSEHOLD, PROHIBITING ENTERING OR REMAINING ATTHE HOUSEHOLD WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND SO CONSTITUTING A THREAT TO THE SAFETY AND WELL-BEING OF ANYPROTECTED PERSON, OR GRANTING A STAY AWAY ORDER, IS A CRIMINAL OFFENSE. GRANT OF EXCLUSIVE POSSESSION OF THE RESIDENCE ORHOUSEHOLD SHALL CONSTITUTE NOTICE FORBIDDING TRESPASS TO LAND. ANY KNOWING VIOLATION OF ANY ORDER AWARDING LEGAL CUSTODY ORPHYSICAL CARE OF A CHILD, OR PROHIBITING REMOVAL OR CONCEALMENT OF A CHILD MAY BE A CLASS 4 FELONY. ANY WILLFUL VIOLATION OF ANYORDER IS CONTEMPT OF COURT. ANY VIOLATION MAY RESULT IN A FINE OR IMPRISONMENT. STALKING IS A FELONY.

Case No. _____________________________________

Independent Proceeding

Other Civil Proceeding

(Specify) ________________________________Criminal ProceedingJuvenile Proceeding

LEADS NO. __________________________________

Emergency Order of Protection: 1 of 3 Pages CCG N801 A-15M-2/24/05( ) (This form replaces CCG 96-01)

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Any order of protection which would expire on a court holiday shall instead expire at the close of the next court business day. 750 ILCS 60/220 (f)

BASED ON THE FINDINGS OF THIS COURT, WHICH WERE MADE ORALLY FOR TRANSCRIPTION, OR WHICH ARE SET OUT IN ASEPARATE INSTRUMENT FILED WITH THE COURT, AND WITH THE COURT HAVING JURISDICTION OF THE SUBJECT MATTER ANDOVER ALL NECESSARY PARTIES, IT IS HEREBY ORDERED THAT:

1. With respect to all Protected Persons, Respondent is prohibited from committing the following: Physical abuse; Harassment; Interference with personal liberty; Intimidation of a dependent; Willful deprivation; Neglect; Exploitation; Stalking.

2. Petitioner is granted exclusive possession of the residence and Respondent shall not enter or remain in the household or premises located at:

__________________________________________________________________________________________________.[This remedy does not affect title to property]

3. a. Respondent is ordered to stay away from Petitioner and other protected persons; and/or

b. Respondent is prohibited from entering or remaining at __________________________________________________________________________________________________________________ while any Protected Person is present; and/or

________________________________________________________________________________________________c. Respondent is allowed access to the residence on (date) __________________ at (time) ______________in the presence of

(name) _______________________________ to remove items of clothing, personal adornments, medications used exclusively by

the Respondent and other items, as follows: ________________________________________________________________.

5. a. Petitioner is granted physical care and possession of the minor child/ren; and/orb. Respondent is ordered to:

return the minor child/ren __________________________________________________________ to the physical care of

________________________________________________________; and/or

not remove the minor child/ren ________________________________________________________________ from

the physical care of Petitioner or __________________________________________________________________.

7. a. Respondent is awarded visitation rights on the following dates and times or under the following conditions or parameters:[No order shall merely refer to the term “reasonable visitation”]

_____________________________________________________________________________________________________________________________________________________________________________________________.b. Respondent’s visitation is restricted as follows:____________________________________________________________________________________________________________________________________________________________________________________________________.c. Respondent’s visitation is reserved/denied.

(Petitioner may deny Respondent access to the minor child/ren if, when Respondent arrives for visitation, Respondent is underthe influence of drugs or alcohol and constitutes a threat to the safety and well-being of Petitoner or Petitoner’s minor child/renor is behaving in a violent or abusive manner.)

8. Respondent is prohibited from removing the minor child/ren from Illinois or concealing them within Illinois.

9. Respondent is ordered to appear in Courtroom/Calendar ___________________________ at ______________________________________________________ on __________________________ at _____________ a.m./p.m., with/without the minor child/ren.

10. Petitioner is granted exclusive possession of the following personal property and the Respondent is ordered to promptly makeavailable to Petitioner said property that is in Respondent’s possession or control, to wit:_____________________________________________________________________________________________________________________________________________________________________________________________.[This remedy does not affect title to property]

11. Respondent is prohibited from taking, encumbering, concealing, damaging or otherwise disposing of the following personal property:______________________________________________________________________________________________________________________________________________________________________, except as explicitly authorized by the Court.Further, Respondent is prohibited from improperly using the financial or other resources of an aged member of the family or household for theprofit or advantage of Respondent or any other person.


Case No. ____________________________

Emergency Order of Protection: 2 of 3 Pages CCG N801 B-15M-2/24/05 ( ) (This form replaces CCG 96-02)

Any order of protection which would expire on a courtholiday shall instead expire at the close of the next court Case No. __________________________business day. 750 ILCS 60/220 (f)

`

14. Respondent is prohibited from entering or remaining at the household or residence located at ______________________________________________________________________________________________________________________________________while under the influence of alcohol or drugs and so constituting a threat to the safety and well-being of any Protected Person.

15. Respondent is denied access to school and/or any other records of the minor child/ren and is prohibited from inspecting, obtaining, orattempting to inspect or obtain such records.

17. Respondent is further ordered and/or enjoined as follows:

_________________________________________________________________________________________________________________________________________________________________________________________________

18. The relief requested in paragraph(s) ___________________________________ of the petition is (DENIED) (RESERVED), because:

_____________________________________________________________________________________________________________________________________________________________________________________________

“This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territoriespursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the Respondent to federal chargesand punishment (18 U.S.C. 2261-2262).”

NOTICE: Upon 2 days notice to Petitioner, or such shorter notice as the Court may prescribe, a Respondent subject to an EmergencyOrder of Protection issued under the IDVA may appear and petition the Court to re-hear the original or amended petition. Respondent’spetition shall be verified and shall allege lack of notice and a meritorious defense.

Date: _______________________________________

_____________________________________________Judge Judge’s No.

Atty. No. ___________________

Attorney (or Pro Se Petitioner) Name: _________________________________

Address: _______________________________________________________

State/City/Zip: __________________________________________________

Phone: ________________________________________________________


Emergency Order of Protection: 3 of 3 Pages CCG N801 C-30M-12/14/04 ( ) (This form replaces CCG 96-01)

Documents

FREQUENTLY ASKED QUESTIONS · Protection in either civil court or in criminal court. The respondent must pay a filing fee. If the Order of Protection is requested in criminal court,