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  1. #1
    Join Date
    Nov 2013
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    12

    Default How to Respond to a Petition for an Order of Protection

    My question involves restraining orders in the State of: IL

    My ex filed to have an order of protection and the case is being heard March 18, 2014 at 2:30 pm;
    my question is: is there a certain amount of days I need to allow for my response to their motion or can I file it this week for a case being heard next week? I'm handling this pro se and if need be, I'll ask for a continuance.

    thanks

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Respond to a Petition for an Order of Protection

    Normally the deadline for filing your response will be on the materials that were served upon you, usually in the summons. For example, Cook County's summons form instructs that a response is to be filed within seven days.

    If an emergency order was issued, read it to find out what the court ordered you to do (and not do).

  3. #3
    Join Date
    Aug 2013
    Posts
    81

    Default Re: How to Respond to a Petition for an Order of Protection

    Illinois. Right up my alley.

    So, one of the things I suggest is that you open a word document and file a motion to have a hearing on the emergency order of protection. There may be simple forms at the courthouse that you can file in relation to the emergency order of protection that was filed against you. Also, that it's being heard on March 18th, 2014 causes me to believe you received the order of protection much earlier than this week. If 48 hours (or two court days) have already passed since you received the emergency order of protection, then you're more than likely out of luck to file a motion to have an early hearing in relation to the emergency order of protection. In that case, you would have to defend against the allegations during the hearing for a plenary order of protection. In general, you want to file no later than 72 hours before the hearing.

    During the plenary hearing for an order of protection, you'll contest the allegations and argue in relation to events. There should be no need for a continuance, as I'm assuming no civil discovery was conducted by the petitioner. If the petitioner has recordings of you beating him/her, then there will be some serious issues. However, if evidence were to that level, then I would assume the district attorney and/or police would have grabbed you by now, thus disabling you from typing up the thread that you have.

    This is pretty much all you need to look at:
    http://www.ilga.gov/legislation/ilcs...0&ChapterID=59

    The IDVA of 1986 is updated with recent law in relation to criminal stalking. The IDVA does not touch on assault or aggravated assault. Furthermore, it's ambiguous about some criminal correlates, such as harassment. There is a lack of culpability discussion in relation to the IDVA, which is one reason it's difficult to read and understand. For the most part, if you did not know or intend domestic violence, then deny that you intended and/or knew that you were conducting an act that would be interpreted as domestic violence. In other words, if you were playing around, then say that you were playing around. If you intended to threaten someone, then darn. If you knew someone felt threatened, then darn. For the most part, many petitioners file pro se, thus their ignorance tends to show in their allegations because they are not attorneys. Sometimes they'll have irrelevant allegations that are in no way tied to domestic violence, thus making the whole case a bickering match for people in front of a judge, which makes the whole thing absolutely ridiculous and a waste of taxpayer money (somehow this crap is funded, as though it's a form of therapy). I've been told that the IDVA restraining orders are more about strict liability than culpability: Thus, that an act occurred regardless of mental state is all that is needed for an order to issue. I've read that it's supposed to be a problem-solving approach, but I don't believe in that crap. Be willing to defend yourself. It seems the problem gets solved by a restraining order being placed on the respondent.

    Anyway, you've said nothing in relation to the allegations against you. Furthermore, you've not related any of the allegations against you in relation to the Illinois Domestic Violence Act of 1986, so the amount of help you can get here is limited. It appears that you have child abuse allegations against you. I would suggest hiring an attorney, especially if there are issues of evidence at hand. Unless you've got a decent law background where you feel confident that you can generate reasonable doubt or bring the preponderance of evidence to your table, get an attorney. Yeah, it might cost you a few thousand....

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