Do I Need a Protection Order?

If you've discovered that you have a stalker or you need to make sure you and your children are safe, it may be best to file a protective or restraining order. This is a legal order demanding that someone stay away from you. While the document itself won't stop someone from coming to your home or place of work, the order does give the police the right to arrest someone who is violation of the restraining order.

Steps for Filing a Protective Order

You should visit the circuit court closest to your home to file a restraining order. You can also file the order near the abuser's home or near the location when the abuse took place. If you're requesting that your spouse or domestic partner stay out of the home you two share, you must visit the court in the county where the home is located. You can visit the Illinois state website to find a courthouse location near you.

Fill Out a Petition

Be as detailed as possible when filling out your petition. In the document, you will referred to as the "petitioner" and the abuser is known as the "respondent." Explain the most recent incident you had with the respondent and describe any violent or threatening acts that were committed against you.

Review the Petition and Begin the Service Process

Once you've filled out your petition, you should submit it to the court clerk so a judge can review it. Be sure to sign the petition in the presence of the clerk so they can notarize the document. The judge may contact you to ask you some questions while reviewing your petition and will decide whether an emergency order is appropriate. You'll also receive a court date and time so you can attend a hearing concerning the implementation of your restraining order.

The respondent will be served a notice of the court hearing and details about emergency orders if applicable. Service of the protective order must occur before the respondent can be arrested or charged for violating the protective order.

If you feel that a restraining order should be the next step for you to protect yourself and those you love, consult with the professional and knowledgeable staff at Tim Murphy Law LLC. The legal team has a thorough understanding of Illinois law and can walk you through the protection order step by step. Call today to schedule your consultation.