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Order Of Protection Form. This is a Illinois form and can be use in Macon Local County.
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Tags: Order Of Protection, Illinois Local County, Macon
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE _____________ JUDICIAL CIRCUIT
COUNTY OF ________________
________________________,
Plaintiff,
)
)
)
)
)
)
)
v.
_________________________,
Defendant.
No. ____-____- _____
Independent Proceeding
Other Civil Proceeding
Criminal Proceeding
Juvenile Proceeding
LEADS NO. : _____________________
Petitioner:
Address:
City:
Respondent:
Check if omitted pursuant to
statute
Address:
City:
Race:
Hair:
Birthdate:
Sex:
Height:
Weight:
Eyes:
Social Security
Number
ORDER OF PROTECTION
Interim
Plenary
ANY KNOWING VIOLATION OF ANY ORDER OF PROTECTION FORBIDDING PHYSICAL ABUSE,
NEGLECT, EXPLOTATION, HARRASSMENT, INTIMIDATION, INTERFERENCE WITH PERSONAL
LIBERTY, WILLFUL DEPRIVATION, OR ENTERING AND REMAINING PRESENT AT SPECIFIED
PLACES WHEN THE PROTECTED PERSON IS PRESENT OR GRANTING EXCLUSIVE
POSSESSION OF THE RESIDENCE OR HOUSEHOLD, PROHIBITING ENTERING OR
REMAINING PRESENT AT THE HOUSEHOLD WHILE UNDER THE INFLUENCE OF ALOCHOL
OR DRUGS AND SO CONSTITUTING A THREAT TO THE SAFETY AND WELL-BEING OF ANY
PROTECTED PERSON, OR GRANTING A STAY AWAY ORDER, IS A CLASS A MISDEMEANOR.
GRANT OF EXCLUSIVE POSSESSION OF THE RESIDENCE OR HOUSEHOLD SHALL
CONSTITUTE NOTICE FORBIDDING TRESPASS TO LAND. ANY KNOWING VIOLATION OF ANY
ORDER AWARDING LEGAL CUSTODY OR PHYSICAL CARE OF A CHILD OR PROHIBITING
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REMOVAL OR CONCEALMENT OF A CHILD MAY BE A CLASS 4 FELONY. ANY WILLFUL
VIOLATION OF ANY ORDER IS CONTEMPT OF COURT. ANY VIOLATION MAY RESULT IN FINE
OR IMPRISONMENT. STALKING IS A FELONY. See definition of prohibited conduct on page 6.
The following persons are protected by this order: _____________________________
_____________________________________________________________________.
AThe minor child(ren)@ referred to herein are: ___________________________________
_____________________________________________________________________.
Date, Time, and Place for further hearing (if Interim Order):
Date: ____________ Time: ____________ County Courthouse _____________ Illinois.
This order will be in effect until:
This order was issued on:
Date: ___________ Time: __________
Date: ___________ Time: ____________
Vacated by court order
Specified event: ___________________
The Court finds that it has jurisdiction over the subject matter and the parties; that the Petitioner has
proven the material allegations of the Petition for Order of Protection by substantial, competent, and
relevant evidence, and that an Order of Protection should be entered.
IT IS HEREBY ORDERED THAT:
1.
With respect to Petitioner and other Protected Persons, Respondent is prohibited from
committing the following:
Physical Abuse;
2.
Harassment;
Stalking;
Intimidation of a
dependant;
Willful Deprivation;
Neglect;
Exploitation;
Interference with
personal liberty.
Petitioner is granted exclusive possession of the residence and Respondent is
prohibited from entering or remaining at such premises _______________________
__________________________________________________________________.
3.
Respondent is ordered to stay away from Petitioner and other Protected
Persons; and/or
xliii.
Respondent is prohibited from entering or remaining at __________________
______________________________________________________________
while any Protected Person is present; and/or
xliv.
Respondent is allowed access to the residence on _____________ at
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6.
______________ to remove items of clothing, personal adornments,
medications used exclusively by the Respondent and other items, as follows:
_______________________________________________________________
____________________________________________________________.
4.
Respondent is ordered to undergo counseling at __________________ for a duration
of ___________________________.
5.
a.
Petitioner is granted physical care and possession of the minor
child(ren;) and/or
b.
Respondent is ordered to:
xlv.
Return the minor child(ren) __________________________
________________________________________________
to the physical care of ______________________________
___________________________________________; and/or
xlvi.
Not remove the minor child(ren) _______________________
_________________________________________________
from the physical care of Petitioner or ___________________
_________________________________________________.
Petitioner is granted temporary legal custody of the minor child(ren):
___________________________________________________________________.
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 Areasonable visitation):
_________________________________________________________
_________________________________________________________
______________________________________________________.
b.
Respondent=s visitation is restricted as follows:
________________________________________________________
________________________________________________________
________________________________________________________.
c.
Respondent=s visitation is denied.
d.
Respondent is prohibited from meeting the minor child(ren) for visitation
at Petitioner=s residence and shall meet child(ren) at : ______________
________________________________________________________.
Petitioner may deny Respondent access to the minor child(ren) if, when
Respondent arrives for visitation, Respondent is under the influence of
drugs or alcohol and constitutes a threat to the safety and well-being of
Petitioner or Petitioner=s minor child(ren) or is behaving in a violent or
abusive manner.
8.
Respondent is prohibited from removing the minor child(ren) from Illinois or concealing
him/her/them within Illinois.
9.
Respondent is ordered to appear at ____________________ County Courthouse,
________________________, Illinois on ________________ at _______________.m
with/without the minor child(ren).
10.
Petitioner is granted exclusive temporary possession of the following personal property
and the Respondent is ordered to make available to Petitioner the following property
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11.
12.
13.
14.
15.
16.
17.
18.
which is in the Respondent=s possession or control: _________________________
__________________________________________________________________.
a.
Respondent is prohibiting from taking, transferring, encumbering,
concealing, damaging, or otherwise disposing of any of the following
real or personal property:____________________________________
_______________________________________________________.
b.
Respondent is prohibited from improperly using the financial or other
resources of an aged member of the family or household for the profit or
advantage of Respondent or any other person.
Respondent is 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.
a.
Respondent is ordered to pay $ _____________ as actual monetary
compensation for loss(es) to _________________ on or before
____________________________________.
b.
Respondent is ordered to pay court costs in the amount of $
__________ and attorney fees in the amount of $ _________ to
________________________ in connection with any action to obtain,
modify, enforce, appeal or reopen any order of protection, on or before
__________________.
Respondent is prohibited from entering or remaining in the residence located at
___________________________________________________________________
___________________________________________________________________
while under the influence of drugs or alcohol and so constituting a threat to the safety
and well-being of any Protected Person.
Respondent is 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.
Respondent is ordered to pay $ _____________ to the following shelter
__________________________________ on or before _____________.
Respondent is further enjoined as follows: _________________________________
___________________________________________________________________
___________________________________________________________________.
The relief requested in paragraph(s) _______________ of the Petition is
Reserved, because: ____________________________________
denied
__________________________________________________________________
__________________________________________________________________.
PLENARY ORDERS ONLY
This Order shall remain in effect until:
1.
Two years following date of entry of such Order, such expiration date being
________________________, or such earlier date as ordered by the Court,
such expiration date being ___________________________.
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2.
3.
4.
5.
6.
7.
Final judgment in conjunction with Case No. ___________ is rendered.
This Order is modified or vacated of such Order is incorporated into the final
judgment of another civil proceeding.
Termination of any voluntary or involuntary commitment, or until (not to exceed
two years) ______________________________.
Final disposition when a Bond Forfeiture Warrant has issued, or until (not to
exceed two years) ___________________________.
Expiration of any supervision, conditional discharge, probation, periodic
imprisonment, parole, or supervised mandatory release, plus two years.
Expiration of a term of imprisonment set by this Court, plus two years.
Date: ___________________________
Judge: __________________________
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DEFINITIONS PURSUANT TO THE ILLINOIS DOMESTIC VIOLENCE ACT
1. APetitioner@ may mean not only any named petitioner for the order of protection and any named
victim of abuse on whose behalf the petition is brought, but also any other person protected by this
Act.
2. AAbuse@ means physical abuse, harassment, intimidation of a dependent, interference, with
personal liberty or willful deprivation, but does not include reasonable direction of a minor child
by a parent or person in loco parents.
3. APhysical Abuse@ includes sexual abuse and means any of the following:
(a)
knowing or reckless use of physical force, confinement or restraint;
(b)
knowing repeated and unnecessary sleep deprivation; or
(c)
knowing or reckless conduct which creates an immediate risk of physical
4. AHarassment@ means knowing conduct which is not necessary to accomplish a purpose that is
reasonable under the circumstances; would cause a reasonable person emotional distress; and does
cause emotional distress to plaintiff. Unless the presumption is rebutted by a preponderance of the
evidence. The following types of conduct shall be presumed to cause emotional distress:
(a)
creating a disturbance at plaintiff's place of employment or school;
(b)
repeatedly telephoning plaintiff's place of employment, home, or residence;
(c)
repeatedly following plaintiff about in a public place or places;
(d)
repeatedly keeping plaintiff under surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other place occupied by plaintiff or by
peering in plaintiff's windows;
(e)
improperly concealing a minor child from petitioner, repeatedly threatening to
improperly remove a minor child of petitioner= from the jurisdiction or from the
physical care of petitioner, repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following an actual or attempted improper
removal or concealment, unless respondent was fleeing an incident or pattern of
domestic violence;
(f)
threatening physical force, confinement or restraint on one or more occasions.
5. AInterference With Personal Liberty@ means committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another to engage in conduct from which she or
he has a right to abstain or to refrain from conduct in which she or he has a right to engage.
6. AWillful deprivation@ means willfully denying a person who because of age, health, or disability
requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device,
or other physical assistance, and thereby exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or treatment when the dependent person has
expressed an intent to forgo such medical care or treatment. This paragraph does not create any
new affirmative duty to provide support to dependent persons.
7. AIntimidation of dependent@ means subjecting a person who is dependent because of age, health, or
disability to participation in or witnessing of: physical force against another or physical
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confinement or restraint of another which constitutes physical abuse as defined by this Act,
regardless of whether the abused person is a family or household member.
8. AExploitation@ means the illegal, including tortious, use of a high-risk adult with disabilities or of
the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not
limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by
undue influence, by breach of fiduciary relationship, by fraud, deception, or extortion, or the use of
such assets or resources in a manner contrary to law.
9. ANeglect@ means the failure to exercise that degree of care toward a high-risk adult with disabilities
which a reasonable person would exercise under the circumstances and includes but is not limited
to:
(g)
the failure to take reasonable steps to protect a high-risk adult with disabilities from
acts of abuse;
(h)
the repeated, careless imposition of unreasonable confinement;
(i)
the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult
with disabilities who requires such assistance;
(j)
the failure to provide medical and rehabilitative care for the physical and mental health
needs of a high risk adult with disabilities; or the failure to protect a high-risk adult with
disabilities from health and safety hazards.
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