An attorney said I can find in the law library a motion for a re-hearing which is the onlu article that can be quoted to vacate and emergency order of protection.The librarian had no idea what I was talking about.Can you tell me which article to quote to motion for a re-hearing and request to vacate this e.o.p.?thanksBRIAN
Country relating to Question: United States
State (if USA): Illinois
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I believe that you are referring to is a Motion for Reconsideration. Said motion requests that an order within a pending matter overall is reconsidered.However, in this case, a Motion to Reconsider may be denied because when there is an emergency order in place (ex parte), the Court is naturally going to re-visit the matter once all parties are served.Ergo, it is likely that this emergency order is already pre-set for another hearing as soon as all parties are served, so filing a Motion for Reconsideration would be redundant.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
You DID NOT ANSWER MY QUESTION AT ALL:
an attorney said there is a specific article in domestic abuse litigation. Under an Emergency Order Of protection, if left disputed or undisputed; it will end up on my background report.
THe only loophole to get this off my record it to get it vacated.
The only way to vacate it is to ask for a re-hearing which asks for a sooner date to go to court than listed on the e.o.p.. My court date is 5-21-12 by the way.
MY QUESTION WAS: which specific artical can I quote under vacating an e.o.p. - during the re-hearing.
Hello,Apologies, here is the actual motion that you seek along with a step by step instruction schedule on filing:http://www.co.stephenson.il.us/circuitclerk/Forms/Petitioner-Order%20to%20modify%20order%20of%20protection.pdfThe stature on dismissal may be found here, staring at page 5:http://www.ilcadv.org/dv_law_in_il/idva_booklet_1-2009.pdfI hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
What the heck? Is this company a joke?
I said twice that the emergency order of protection is against me.
I am asking how to vacate an e.o.p. I aleady told you exactly what that attorney said to do in my appointment.
All you had to do is give me the correct thing to say or quote to the judge based on asking for a reason to vacate.
YOU so far, have sent me a 73 page booklet, and sent me a form to cancel a order of protection for the person that filed it.
I AM THE DEFENDANT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Is there a manager I can speak with - call me at XXX-XXX-XXXX.
I paid $125 for this???
Hello,Please understand that I have sent you a sample motion, which includes the possibility of dismissing an order:http://www.co.stephenson.il.us/circuitclerk/Forms/Petitioner-Order%20to%20modify%20order%20of%20protection.pdfIt is called "PETITION TO MODIFY OR VACATE ORDER OF PROTECTION." It may be filled out by either party, hence, "Now comes x the Petitioner x Respondent and moves for the following relief..."The other link was an overall explanation of how protection orders work.I see that you are not satisfied so I will opt out. your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS unless you actively disable these features.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and Good Luck.
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QUESTION: "Can you tell me which article to quote to motion for a re-hearing and request to vacate this e.o.p.?"
ANSWER: Yes. The specific law to cite is the Illinois Domestic Violence Act of 1986, 750 ILCS 60/101 et seq., or even more specifically, 750 ILCS 60/217 thereof. This is the specific article to cite for this purpose. You are absolutely correct in your understanding of how important it is to attack this now rather than seeing it become a part of your history (record). I commend you for being proactive and truly hope all works out for you.
I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.Take care and thanks again for choosing JustAnswer®!Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
Ely said I would have someone else contact me right away. Your responce is several days too late.
I am on the way to court now and it is too late to fiel for a re-hearing. Why could't Ely give me the above answer? I wasn't looking for his failed answers or your mickey mouse long letter with the answer all the way at the end of your thesis you wrote to me.
I am disputing your charges on my credit card and will hammer Just Answer on all lines of Social Media if your charges are not refunded at ONCE...
Thanks for writing back -- good to hear from you.
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your company SUCKS
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