Users' questions

Can a protection order be dropped?

Can a protection order be dropped?

When an order of protection starts, it is possible to drop it based on certain circumstances, but the judge or another judge will still need to evaluate the situation. There is usually sufficient evidence given to the judge so he or she may ensure the safety of the individual.

Who is the protected person in a restraining order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”

What happens if you get a restraining order on someone?

A restraining order may also prohibit the subject of the order from contacting the person who applied for the order by mail, phone, email, social media, or in person. Anyone who becomes the subject of a restraining order should be very careful to abide by its terms.

How does a process server serve a restraining order?

Submit the appropriate verification of service paperwork to the court where the restraining order was filed. If you are the plaintiff and law enforcement or a process server served the order for you, she will often do this for you. You should call the court and verify that the appropriate paperwork was notarized and submitted.

Can a person file a restraining order in Illinois?

Under Illinois law, only certain parties may file for a protective order, and only under certain circumstances. Persons who may request a restraining order include individuals who have reached the age of majority and have been abused or harassed by a family or household member.

How serious is a restraining order?

The consequences for doing so can be serious. Typical Consequences for Restraining Order Violation. A person who violates an order of protection may be facing fines, jail time or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances.

How do I get a temporary restraining order?

In general, obtaining a temporary restraining order begins with filing a claim at a local courthouse. The court clerk should give you some forms to fill out, which basically provides the court with your complete identification, contact information, and a detailed report of the incident(s) which prompted you to take action.

How can you fight a restraining order?

You can fight a restraining order by following a few steps. These include responding to the restraining order and attending your hearing. Seeking An Attorney. The first step that you should take if you are served with a restraining order is to speak with an attorney.

What are the legal reasons for a restraining order?

While restraining order names and procedures vary by state, the same general rules apply. Common reasons to get a restraining order include actual or threatened physical abuse, psychological abuse or depletion of assets.