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You will need to fill out the following forms and make 3 copies of each:
- Petition and Affidavit for an Emergency Workplace Protection Restraining Order: Tells the judge why you are asking for the Restraining Order
- Summons: Tells the abuser about the case
- Workplace Protection Restraining Order: This is the document the judge will sign if your petition is granted.
Ask your circuit clerk if they have copies of the forms. If they don't, you will have to talk to a lawyer to file this type of case.
Now that you have filled out your forms, you need to file them with the clerk. The way to do that depends on the county where you are filing.
Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.
The clerk will tell you which judge will be hearing the petition. The judge will hear a case for an Emergency Order without the abuser present. The judge will read the petition and affidavit for a Workplace Protection Restraining Order.The judge will then decide if an Emergency Order is necessary. They will also set a date for a full court hearing for a Plenary Workplace Protection Restraining Order.
The clerk will take the court documents to the county sheriff's office. The Sheriff will serve the petition and summons to the abuser, along with the Emergency Order, if one was granted. The Sheriff will charge a fee to deliver a copy of the court papers to the respondent. If you cannot afford to pay the fee, you can learn more about filing court papers for free.
Go to the court date for the Plenary Order, which can last for up to one year. The judge will decide whether or not your petition should be granted.
At the hearing, the victim may be called to testify, unless he or she is a victim of domestic violence. A victim of domestic violence cannot be ordered to appear in court or testify in this type of case. If the judge decides that testifying might cause the victim distress, the victim can testify in the judge's chambers.
If the abuser does not come to court, the judge may decide to go forward with the hearing and issue a Plenary Order. The judge may also decide to continue the case and reschedule the hearing.
If the judge enters a Workplace Protection Restraining Order, and the abuser violates the order, the employer will have to go back to court to ask the judge to punish him or her. They can do this by filing a Petition for a Rule to Show Cause.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the safety and protection library, sponsored by Perkins Coie.
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