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The Information Guidance for Affidavit Accompanying Petition For Domestic Order Of Protection Arlegalservices Form

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Find out How to Write Down the Affidavit Accompanying Petition For Domestic Order Of Protection Arlegalservices Form

hello I will be your guide and will walk.you through the process of obtaining an.order of protection this video will show.you where you can find reliable legal.information and help you understand what.happens when you go to court hello.Cheryl thanks so much for coming I.figured since you were a domestic.violence advocate that you could.probably help me of course Angela I'll.do whatever I can to help things at home.have gotten really bad and I'm wondering.if I should or can get an order of.protection wow this is a big step for.you Angela.and I'm here for you you should know.that only certain types of relationships.allow the court to issue orders of.protection they are people you live with.people you date or people you related to.the court cannot issue an order of.protection against people such as.co-workers or neighbors this involves my.husband who I live with.okay you do know that an order of.protection is an order issued by a judge.that stops further domestic abuse often.called domestic violence right well yes.but I'm just not sure that my situation.is domestic violence see people.misunderstand just what domestic.violence is it is not just physical.abuse domestic violence can be emotional.abuse sexual abuse or any other grassman.that interferes with a person's.liberties well this is my situation in.but what about my children they are.protected by the law too.as well as any other member of your.household good well I think I need to.get an order of protection for me and my.kids well I can guide you through the.process the things you need to do are to.check into your available resources to.help you and you need to put together.safety plan to help protect you and your.children okay then that means we need to.do a few things we need to get an order.of protection we need to better.understand the court system and we need.to fill out the appropriate paperwork.come on let's get started do I need a.lawyer in any type of case it's always.best if you can get a lawyer to.represent you if all possible lawyers.are trained in what the law says about.your situation what your legal options.are how to help you decide what's best.for your case and how to present it in.the best way if you qualify you can get.a lawyer to represent you either for.free or at a reduced rate if you can't.get a lawyer to represent you you will.have to go to court without one this is.what is called pro se in the court.system okay before we get started have.you filed any criminal charges against.him no I haven't but I thought about it.okay well domestic violence is a crime.but filing charges is up to you however.if you do file charges the state's.attorney can request for an order of.protection for you and your children so.I will just run you through the process.of getting an order of protection on its.own this is where you start your.paperwork for your court case we need to.fill out the appropriate forms and file.them here in the clerk's office I'm.filing the case so I am the petitioner.and the person I'm filing the case.against it's the respondent right right.and you should also know that there are.no filing fees or no sheriff fees in an.order of protection case oh that's great.I don't even have access to our bank.account sadly that is not uncommon in.situations like this but the laws are.set up to help you come on let's go.inside the clerk's office and start your.paperwork you can get the forms at the.clerk's office and fill them out there.if you are outside of Cook County you.can fill them out on the internet on the.website WWll eagle 8 org by searching.the words domestic.violence and following the instructions.no matter how or where you fill out the.forms you will then file them with.copies in the clerk's office to begin.the process how do I know which forms to.request or fill out well you will start.with a petition but you should know that.there are different orders of protection.that you can request each type is issued.at a different time and each type.protects you for different lengths of.time oh I didn't know that and on earth.protection is made to stop further.domestic abuse in a number of different.ways including ordering the abuser to.stay away from you you may also ask the.judge for other remedies such as asking.the abuser to pay certain expenses.asking for custody of your children and.asking for child support and maintenance.first of all the courts can issue an.order of protection in connection with.other cases such as a criminal case.however to request an order of.protection by itself you need to fill.out and file a petition in the petition.you will provide the court with the.necessary information and ask the court.to enter orders of protection and.provide certain remedies how much.information about the abuse should I put.in the petition well it's important to.provide very detailed explanations of.all of the abuse including different.dates and types of abuse however one.recent event of abuse can be enough to.show the need for an order of protection.I'll include everything in your petition.you can ask for an emergency order.protection and a plenary order of.protection what are those and what are.the differences.the emergency order of protection may be.issued the same day you filed a petition.it is designed to provide immediate.protection but it only lasts for 14 to.21 days in a lawsuit the other party is.entitled to be notified and hear the.case against him an exception may be.made to protect you if the judge feels.there is a true emergency and can issue.an emergency order of protection without.first notifying the other party to do so.and issue an emergency order protection.the judge has to feel that there is a.genuine risk for additional abuse.against you and other parties you need.to explain why you are afraid to notify.the other person I know this is a big.thing to ask the court to do you will.need to return to court to request what.is called a plenary order of protection.the respondent is entitled to a hearing.so this is why you must return to court.to make your case and request a longer.time period of protection the plenary.order of protection can last up to two.years after that you will need to return.to court to request an extension of that.order or to request another one I think.I understand and I think I'm ready to.fill out the forms and to file my.petition.okay let's fill out your paperwork you.will be filling out a petition you will.be asking for an emergency order of.protection and you will be asking for a.plenary order of protection and remember.you need to return to court at a later.date to get the plenary order what else.can I ask the court to do what remedy.should I request well there are a number.of different remedies you can request.and they are all listed on the petition.remember if you don't ask for something.the court can't give it to you be sure.to ask the court for all the remedies.you need in the emergency order you.cannot ask for custody or ownership or.property or get money from the.respondent because the court is giving.you protection without hearing both.sides you can ask for these types of.remedies in the hearings for the plenary.order be sure to check with the clerk.and make all the copies that you need hi.hello I would like to file my petition.for an order of protection okay do you.need forms or have you completed them.already yes my friend is a domestic.violence advocate and she helped me fill.them out yeah they're great okay okay.your papers have been filed.now Court is on break right now so.you'll have to return to the courtroom.at 2:00 p.m. thank you very much thank.you.as I have told you once the emergency.order of protection is issued notice of.this case along with copies of all the.documents you filed will be served upon.the respondent that way he will know.when the hearing for the plenary order.of protection is scheduled and whether.or not there is an emergency order of.protection against him do I have to do.that I'm really afraid to tell him no.you do not the sheriff or a private.process server will serve the court.papers on the respondent soon after you.file the petition the respondent will.also receive a copy of the emergency.order of protection if one is issued.there is no fee for service in an order.of protection case that is good to know.and really helps a lot so what happens.in the courtroom you will now be going.to the hearing for the emergency order.of protection the judge will review your.petition and ask you some questions just.be polite and answer the judges.questions completely before going into.the courtroom be sure to turn off your.cell phone or pager and make sure you.are not chewing gum do not talk until.your case is called and it is your turn.and remember there is nothing to be.afraid of you will first need to check.in with the judges clerk or the deputy.will take your paperwork to the judges.clerk take a seat and wait for your case.to be called when your case is called.tell the judge that you are present and.step up to the bench the judge will.review your petition and ask you.questions the judge may want to dig.deeper into the situation if the judge.feels you cannot issue the emergency.order then a hearing will be scheduled.for the plenary order of protection and.notice will be given to the respondent.if the judge does grant you an emergency.order of protection you will be.responsible for filling out the order.after the hearing often you will do this.in advance and then make changes.necessary to the order the judge will.review and sign the order of protection.be sure to wait for the signed order to.take with you again after the hearing.the emergency order protection you must.return on the hearing date for the.plenary order of protection at that.hearing the court will give both parties.an opportunity to explain their side.shurl.what can I do to make sure this order of.protection is enforced you need to call.the police if there is any further abuse.or harassment if the respondent has been.ordered to stay away from you or your.residence and he does not and if he.possesses any firearms once the order is.issued it will be entered that same.evening into a law enforcement computer.system you should keep a copy with you.and give copies to your children's.school day care provider relatives or.others then if you need to you can have.a police officer or sheriff's deputy in.force or make the person obey the order.of protection the date the order expires.is stated on the front of the order to.keep the order in effect you will need.to return to court before the expiration.date to have it renewed remember if you.do not attend the next hearing for the.plenary order of protection the.emergency order will automatically.expire and the protections it provides.against domestic violence will no longer.be available thank you so much Shirl I.now feel I can begin a new phase in my.life and that my family and I are free.from the threat of violence I'm glad I.could help and I wish you the best.you're in a very difficult situation.right now but there are many resources.that can help you.thank you for taking the time to view.this video we hope it is giving you the.information you need to understand.orders of protection against domestic.violence and the steps you need to.follow in order to get one please visit.Illinois legal aid org contact your.local domestic violence advocacy.organizations contact your state and.local bar associations and be sure to.contact the national domestic violence.hotline for referral to an agency near.you.you.

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