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Is there an Illinois statute that also prevents petitioner from contacting respondant if petitioner has filed a restraining order or order of protection against respondent?
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Are there any laws in Illinois that will protect respondent when the petitioner in an order of protection contacts the respondent and petitioner also violates original divorce decree?
Question is not really worded clearly. However - the same order that prevents the respondant from contacting the petitioner also protects the respondant from being contacted by the petitioner. THey are in equal violation and can be sanctioned by the court that issued the order. The petitioner can NOT contact and harass the respondant just because the petitioner thinks they are 'protected.' However, even if the petitioner can be proven to be violating the divorce decree that is a separate issue from the protection order which will have to be handled as a contempt matter.
Petitioner violating restraining order in Florida?
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
If a court ordered restraining order is broken by the issuer will they get in trouble?
definitely notANOTHER VIEW: The first answer is incorrect! The petitioner (the one who sought the restraining order) is bound by the same restrictions as the respondant (the one against whom the petition was issued). For example: if there is a 500 foot keep-away restriction on the respondant, the petitioner is also prohibited from going within 500 feet of the respondant.
Can 2 people get married if the court ordered a restraining orde?
The courts issued restraining orders at the request of the party who requests it. If that petitioner then turns around and WILLINGLY weds the respondant it would appear to nullify, by their own choice, the court order.
Who is the petitioner and who is the respondant?
The Petitioner is the one that files the claim or call for action & the respondent is the one that the claim is against or the opponent.
What is a civil restraint?
More commonly referred to as a "restraining order" or a "no-cointact order." It is an order issued by the civil court at the request of the petitioner, if they can show sufficient legal grounds to be protected, from the unwanted advances of the respondant, against whom the order is issued. It is a valid court order and a violater of it can either be arrested and/or cited for contempt of court.
What happens to marital assets in a divorce by default?
It depends on the judge's ruling in the decree. In the absence of the respondant they may award it all to the petitioner - OR they may rule that a certain amount of the marital assets be escrowed for a certain length of time until all legal efforts to to find the respondant are exhausted.
Is a restraining order in effect only after it is served?
no the restraining order is in effect the second the judge signs it. but a good thing to keep in mind is if you and the defendant are in the room together and the judge signs the order it is in effect but he is allowed to break the order due to the court proceeding you are undergoing. but once you two leave the court room he/she must then follow the order or go to jail.Another View: The order does NOT take effect unless, and until, it is served on the respondant. Until then the respondant can legally claim "no knowledge" of the existence of the order. Avoidance of service is actually a fairly common method of avoiding the restrictions of the order.
What are the parties in dispute?
It depends on what kind of case it is. In a criminal case the parties are called prosecutor and defendant; in a civil case they are the plaintiff and the defendant; and in family law they are the petitioner and respondent.
Is a petitioner in contemp if they do not have the respondent served?
How can you proceed with a civil suit with only one side present? It greatly depends on how the judge views the situation. If you filed a civil suit BUT NEVER SERVED THE RESPONDANT just how did you expect the respondant to know about the case and show up in court. On the day of the case when you, your attorney and the judge show up - the judge may well consider that you abused not only HIS time but the court's time as well, he quite possibly MIGHT find you in contempt of court and fine you.
When is a plaintiff of an order of protection in violation of the order of protection?
Never. Only the restrained person can be in violation. The order of protection does not protect the restrained person.Another View: The above is not necessarily true in all instances. In some states the plaintiff may also be held in contempt of the order if the plaintiff uses the order as a 'weapon' to bully the respondant by either inventing circumstances or purposely placing themselves in situations where the respondant must flee or leave a location in order to avoid being found in violation of the "distance rule" or whatever restriction the plaintiff is trying to use to harass them.
Who is one person who once typed in an answer?
a respondant
