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  1. #1

    Default What Motion to Make to Obtain a Re-Hearing

    My question involves restraining orders in the State of: Illinois

    Kind of case: Civil case

    Main Question: What kind of motion to get a re-hearing?

    Motion to reconsider?
    Motion for re-hearing?
    Motion to appeal?

    Consider the hypothetical situation:

    1) Person A placed a restraining order on Person B

    2) Person B was slapped with plenary restraining order, because Person B was under the threat of Person A compounding crimes that were related to a dismissed restraining order case ("case A")
    2a) Person A brought up past considered criminal actions (not part of the recent restraining order case) and decided to use it to duress Person B into being slapped with the restraining order in "case B." (this was done out of court before Case B hearing)

    3) Person B has acquired evidence that Person A held malicious intent against Person B.

    4) Person B has found a witness that Person A was not a fearful party and wanted to get rid of Person B.
    4a) Ulterior motives of Person A were to place Person B in jail, push him away to get new boyfriends, and out of revenge.

    5) Person A acted to remove evidence: Spoilage of evidence
    5a) Person B has a witness to the evidence

    6) Yes, 30 days have passed. However, evidence and witnesses were discovered after 30 days.

    7) Associates of person A have conspired to have others place restraining orders on Person B; this includes individuals who were non-fearful parties.
    7a) Event in October 2012

    8) Person A has indirectly via second party interfered with Person B's girlfriend at the time (August 2012).
    8a) This involved allegations from "case A" and "case B" used to distress Person B's girlfriend at the time.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: What Motion to Make to Obtain a Re-Hearing

    looking for a modification of the order? its a motion to modify order ...

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What Motion to Make to Obtain a Re-Hearing

    You would file a Motion to Modify or Vacate Plenary Order of Protection. You may be able to find a standard form on the court's website; I see it on a variety of Illinois court websites.

  4. #4

    Default Re: What Motion to Make to Obtain a Re-Hearing

    This is actually similar to what I already did. Thank you, though.
    I was talking with an attorney, and he said that what happened to me was a one-shot thing and that I didn't have anymore chances.
    He was wrong. I think he was attempting to avoid the case. I hired him with money in order to talk about it. Is that malpractice?

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