If you think there might be a restraining order filed against you in Illinois, there are several ways you can find out. In this article, our Illinois order of protection attorneys will explore how you can check for a restraining order and provide some helpful information regarding what it is and how it works.
What Is A Restraining Order?
The court issues a restraining order, a legal order prohibiting an individual from contacting, harassing, or coming near another person. A restraining order may also be a protective order designed to protect individuals from violence, threats, and other forms of harm.
There are multiple restraining orders, such as emergency, temporary, and permanent orders. An emergency order can be granted without a hearing if there is an immediate threat of harm. On the other hand, a temporary order is granted after a hearing and goes into effect for a specified time period. Permanent orders can be granted after a hearing and remain in effect indefinitely. For the most up to date information on restraining orders read our article, Illinois Restraining Order Law Changes For 2023.
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How Do You Check For A Restraining Order In Illinois?
If you think a restraining order has been filed against you in Illinois, the first step to check is to contact the court clerk in the county where you assume the order was filed. From there, the clerk can tell you if there is a restraining order on file and supply you with a copy of the order if one exists.
You can search the Illinois Circuit Court website for the contact information for the court clerk in your county. The website should have the phone number and address of the court clerk.
Alternatively, you could check for a restraining order by contacting the Illinois State Police. There is a database maintained by the state police of all orders of protection issued in the state, and they will be able to provide you with information about any orders that have been filed against you.
To contact the Illinois State Police to check for a restraining order, you will need to complete a request form. The form is available on the Illinois State Police website and must be submitted by mail. The form requires you to provide your full name, date of birth, and social security number. You will also need to supply a self-addressed stamped envelope so that the police can send you a copy of the order if one exists.
If you are uncertain whether a restraining order has been filed against you, it is always better to err on the side of caution and take steps to find out. You could face serious consequences, including arrest and criminal charges if you violate a restraining order in Illinois.
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What To Do If There Is A Restraining Order Against You?
If you discover a restraining order filed against you in Illinois, it is essential to take it seriously and comply with its terms. As stated above, violating a restraining order can result in serious legal consequences, including arrest and imprisonment.
You should seek legal advice from an experienced Illinois attorney if you need help to understand the terms of the order or have questions about how to comply with it. An attorney can aid you in understanding the order and guide how to comply with the guidance while protecting your legal rights.
A restraining order is a civil order, not a criminal one. This means that having a restraining order filed against you is not a criminal offense, but it can become a criminal offense if you violate the order.
If you have been charged with violating a restraining order, seeking legal representation from a knowledgeable criminal defense attorney is important. A proficient attorney can help you navigate the criminal justice system and work to protect your legal rights.
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