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Is there a restraining order against me?

Chicago, IL |

What's the best, i.e. preferably confidential yet reliable, way to find out if there's a restraining order against me that would have been obtained by an acquaintance, i.e. not a family or household member. Acquaintance and I both live in Cook County. Worried I may not have been served because I was out of town for a long time.

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Attorney answers 2

Posted

It is highly unlikely that a non-family member acquaintance could even obtain an Order of Protection or No Contact Order (not a restraining order) against you as that person would not qualify to secure such an order. However, you can look up any cases in which you are a party in Cook County, by checking the online case information on the Cook County Circuit Court Clerk website. http://www.cookcountyclerkofcourt.org

If you are actually asking about a temporary restraining order, which is probably not the case, then you will also find that, as well as traffic tickets, divorce cases, collection cases, etc if you are a party.

Stephen Samuel Messutta

Stephen Samuel Messutta

Posted

Non-relatives can get these orders issued in the nature of a TRO/preliminary if a judge believes there will be enough evidence to make out a prima facie case of harassment/threat until a hearing on the merits. Just went through one for someone who had been in a dating situation.

Posted

Non-relatives can get what's called an "Order of Protection" if they feel threatened and if the court agrees upon its being initially presented for consideration. Until you are served, however, the order is not effective, but once you are served then it is effective until the next court date(s) and a hearing on the substance of the charges, at which time it could be confirmed (and made permanent for up to about 2 years) or "dissolved". If you are concerned the person filed a charge against you and that an Order of Protection was issued subject to service on you, you would be able to contact the Clerk of the Circuit Court of Cook County or Cook County Sheriff (who normally be responsible for initial service of process) and/or check on line, or you can have an attorney do so.

Judy A. Goldstein

Judy A. Goldstein

Posted

(750 ILCS 60/201) (from Ch. 40, par. 2312-1) Sec. 201. Persons protected by this Act. (a) The following persons are protected by this Act: (i) any person abused by a family or household member; (ii) any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member; (iii) any minor child or dependent adult in the care of such person; and (iv) any person residing or employed at a private home or public shelter which is housing an abused family or household member. (b) A petition for an order of protection may be filed only: (i) by a person who has been abused by a family or household member or by any person on behalf of a minor child or an adult who has been abused by a family or household member and who, because of age, health, disability, or inaccessibility, cannot file the petition, or (ii) by any person on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member. However, any petition properly filed under this Act may seek protection for any additional persons protected by this Act.

Stephen Samuel Messutta

Stephen Samuel Messutta

Posted

Section 103 (6) ("Family or household mbers" also includes "persons who have or have had a dating or engagement relationship", meaning they could be unrelated to each other. In addition Illinois has other anti-stalking laws with injunctive relief.

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