Preparing the petition Lawyer Manual

Forms

The Illinois Supreme Court now has a suite of standardized forms for Orders of Protection that are accepted in all counties. You can use these as a sample to create your own pleadings. If you are working through a program where you only help the client prepare and file the petition, you can use the forms themselves.

You can use ILAO’s Easy Form program to help you fill out the Petition and other forms (except the e-filing exemption). Or you can download them and fill them out on your computer or by hand:

• Petition for an Order of Protection 
• Emergency Order of Protection
• Order of Protection
• Summons (Protective Orders)
• E-filing exemption 

The forms closely follow the enumerated types of relief available under the statute listed above. After meeting with the client and learning about their goals, counsel can walk through the list with them and help them decide which types of relief they would like and which they would not. 

Drafting tips

Include all types of relief sought, even if the client is not entitled to them in the EOP. This includes:

• Counseling
• Temporary allocation of parental responsibilities (though an EOP can grant temporary possession)
• Temporary child support
• Restitution for damage to property
• Payment of shelter costs

The most difficult part of preparing the petition is describing the abuse. When preparing this part of the petition, keep in mind the relevant standard the court uses to determine whether to issue the EOP:

"the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief." 750 ILCS 60/217(a)(3)(i).

Practically, judges usually consider the "recency" of the abuse. For this reason, the form asks you to list the incidents of abuse starting with the most recent and going in reverse chronological order from there. 

Practice tip: If there was a delay in seeking an order, expect that the victim will have to explain why. Asking the petitioner what prompted them to file when they did might help prepare this explanation.

The petition will also be the basis for the plenary order, so it is important to be comprehensive and include all types of abuse so that you can bring it up at the return date.

Finally, make sure you include the impact the abuse has had on the client. This will help establish the essential for a harassment claim under the act that the respondent's actions did in fact cause emotional distress.

Confidential address

The petitioner’s address may be  left off of the petition if including it would run them the risk of harm, or disclose a confidential shelter’s address. 750 ILCS 60/203. The petition must then include an alternative address for service of any notices. Also, the court may request the petitioner’s address to establish venue and jurisdiction, but the disclosure must then be made orally and in camera. 

When omitting the petitioner’s address, be sure to also prohibit the respondent from accessing school or medical records. Instruct the petitioner to share copies of the order with these entities. This prevents the respondent from uncovering a confidential address through back channels.

Reviewing the petition

Once drafted, it is important to review the entire petition with the client to ensure all of the facts are correct. Pay close attention to dates and similar details. Also review the types of relief requested.