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Verified Petition For Order Of Protection Form. This is a Illinois form and can be use in Dekalb Local County.
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Tags: Verified Petition For Order Of Protection, Illinois Local County, Dekalb
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
DEKALB COUNTY, ILLINOIS
Case No.
Plaintiff/Petitioner
Defendant/Respondent
File Stamp
VERIFIED PETITION FOR ORDER OF PROTECTION
(Fill in lines and check boxes as applicable)
Independent Proceeding
Criminal Proceeding
Matrimonial
Other:
on his/her own
Now comes the Petitioner
behalf or on behalf of
, a minor child(ren),
or on behalf of
, an adult who cannot file a petition
because of age, health, disability or inaccessibility 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 this cause 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
Petitioner resides at
; OR
(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
C.
State of
Respondent stands in relationship to the Petitioner or alleged abused person/s as:
Spouse;
Former Spouse;
Parent;
Child(ren);
Stepchild(ren);
Sharing or formerly sharing
a common dwelling;
Having or allegedly having
a child in common;
Having or having had dating
or engagement relationship;
Sharing a blood relationship
through child(ren);
Personal assistant to person with disabilities or a person who has
responsibility for a high-risk adult with disabilities;
P1-OP-01 (03/06) Page 1 of 5
White - Clerk
Green - Petitioner
Yellow - Sheriff
Pink - Respondent
Other person related by
blood or marriage;
Gold - Attorney/SAO
American LegalNet, Inc.
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Verified Petition for Order of Protection Continued
D.
There is no other pending court action involving the parties, OR
There is another pending court action involving the parties in
County of
E.
Case No.
State of
Court,
known as Case No.
As referred to herein, "the minor child/ren of the parties " are (full name, D.O.B)
Other minor child/ren that reside in household (full name, D.O.B)
F.
Venue in civil proceedings is appropriate because:
Petitioner resides in the County of DeKalb, State of Illinois; OR
Respondent resides in the County of DeKalb, State of Illinois; OR
The alleged abused occurred in the County of DeKalb, State of Illinois; OR
The Petitioner is temporarily located in the County of DeKalb, 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:
G.
The following individual(s) are alleged to be person(s) who need to be protected from abuse by Respondent:
(full name, D.O.B)
H.
Respondent has acted in the following manner toward the Abused:
[State details of incident(s) of abuse (including time and place)]
P1-OP-01 (03/06) Page 2 of 5
White - Clerk
Green - Petitioner
Yellow - Sheriff
Pink - Respondent
Gold - Attorney/SAO
American LegalNet, Inc.
www.USCourtForms.com
Case No.
Verified Petition for Order of Protection Continued
ADDITIONAL ALLEGATIONS FOR EMERGENCY ORDERS ONLY
I.
J.
K.
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 occur if Respondent were given any prior notice, or greater notice than was actually given of
Petitioner's efforts to obtain judicial relief.
For requested remedy 2, the immediate danger of further abuse of Petitioner by Respondent if Petitioner chose or
had chosen to remain in the household while Respondent was given any prior notice or greater notice than was
actually given outweighs the hardship to Respondent of an emergency order granting Petitioner exclusive
possession of the residence or household.
For requested remedy 10, improper disposition of the personal property would be likely to occur if Respondent
were given any prior notice or greater notice than was actually given of Petitioner's effort to obtain judicial relief, or
that Petitioner has an immediate and pressing need for possession of that property.
WHEREFORE, PETITIONER REQUESTS THE ENTRY OF AN ORDER OF PROTECTION SETTING FORTH THE
FOLLOWING REMEDIES:
1. With respect to Petitoner and other Protected Person(s), Respondent be prohibited from commiting the following:
Physical abuse; Harassment; Interference with personal liberty; Intimidation of a dependent; Willful
deprivation; Neglect; Exploitation; Stalking.
P1-OP-01 (03/06) Page 3 of 5
White - Clerk
Green - Petitioner
Yellow - Sheriff
Pink - Respondent
Gold - Attorney/SAO
American LegalNet, Inc.
www.USCourtForms.com
Case No.
Verified Petition for Order of Protection Continued
2.
3.
Petitioner be granted exclusive possession of the residence and Respondent be prohibited from entering or
remaining at such premises: (address + county)
a. Respondent be ordered to stay away from Petitioner and other protected persons; and/or
b. Respondent be prohibited from entering or remaning at
while any Protected Person is present; and/or
c. Respondent be allowed access to the residence on (date)
at (time)
in the presence of (name)
to remove items of
clothing, personal adornments, medication used exclusively by the Respondent and other items, as follows:
4.
5.
d. Respondent be prohibited from both physical presence and nonphysical contact with the petitioner whether
direct, indirect (including, but not limited to, telephone calls, mail, email, faxes and writings), or through
third parties.
Respondent be ordered to undergo counseling for a period of time to be determined by this court. (Not available
in Emergency Order)
a. Petitioner be granted physical care and possession of the minor child/ren; and/or
b. Respondent 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.
7.
Petitioner be granted temporary legal custody of the minor child/ren
(Not available in Emergency Order)
a. Respondent 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 be restricted as follows:
c. Respondent's visitation be denied
8.
9.
Respondent be prohibited from removing the minor child(ren) from Illinois or concealing them within Illinois.
Respondent be ordered to appear in this Court with/without the child(ren) on a date certain.
10. Petitioner be granted exclusive temporary possession of the following personal property and the Respondent be
ordered to deliver to Petitioner said property that is in Respondent's possession or control, to wit:
P1-OP-01 (03/06) Page 4 of 5
White - Clerk
Green - Petitioner
Yellow - Sheriff
Pink - Respondent
Gold - Attorney/SAO
American LegalNet, Inc.
www.USCourtForms.com
Case No.
Verified Petition for Order of Protection Continued
11. Respondent be ordered not to take, encumber, conceal, damage or otherwise dispose of any of the following real
or personal property, to wit:
12. Respondent 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
13. Respondent be ordered to pay $
directly to Petitioner. (Not available in Emergency Order)
respecting losses and expenses within the scope of
Sec. 214(b)(13) of the IDVA to
(Not available in Emergency Order)
on or before
14. Respondent be prohibited from entering or remaining at 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 the Protected Person.
14-5. Respondent be ordered to turn over any firearms in his/her possession to law enforcement.
(Not available in Emergency Order)
15. Respondent be denied access to school or any other records of the minor child(ren) and prohibited from
inspecting, obtaining or attempting to inspect or obtain such records.
16. Respondent be ordered to pay $
to the following shelter
on or before
(Not available in Emergency Order)
17. Respondent be further enjoined as follows:
Signature of Attorney or State's Attorney
Signature of Petitioner
UNDER THE PENALTIES OF PERJURY AND AS PROVIDED BY LAW PURSUANT TO SECTION 1-109 OF
THE CODE OF CIVIL PROCEDURE, THE UNDERSIGNED CERTIFIES THAT THE STATEMENTS SET
FORTH IN THIS INSTRUMENT ARE TRUE AND CORRECT EXCEPT AS TO MATTERS THEREIN
STATED TO BE INFORMATION AND BELIEF AND AS SUCH MATTERS THE UNDERSIGNED
CERTIFIES AS AFORESAID THAT THE UNDERSIGNED VERILY BELIEVES THE SAME TO BE TRUE.
Signature of Petitioner
Atty./Pro Se:
Atty. Reg/Firm No.:
Address:
City/State/Zip:
Phone:
P1-OP-01 (03/06) Page 5 of 5
White - Clerk
Green - Petitioner
Yellow - Sheriff
Pink - Respondent
Gold - Attorney/SAO
American LegalNet, Inc.
www.USCourtForms.com