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One thing you can do is file for a restraining order. Temporary restraining orders seek to immediately stop harassment, stalking and other acts of aggression against a victim. Illinois judges may issue a temporary order of protection to immediately prohibit individuals from contacting victims or causing further harm.
Determine your eligibility for an Illinois temporary restraining order. The Illinois Domestic Violence Act allows only certain family or household members to petition for an Illinois protective order (see References 1). You may file for a restraining order if the person causing the harm is a blood relative, current or former spouse, or current or former cohabitant. You may also file if you have been engaged to or dated the harasser or have or allegedly have a child together. In addition, anyone who has a disability or acts as a personal assistant to a disabled person may file a petition against a person in the same family or household.
Read more: How to Get a Temporary Restraining Order in Illinois | eHow.com http://www.ehow.com/how_6361976_temporary-restraining-order-illinois.html#ixzz0z3qT9yzN
Visit your county circuit court clerk. You can have a lawyer do this for you. However, filing for a restraining order in Illinois for protection is free. You can petition the court by yourself if you do not want to hire a lawyer. Use the contact information for Illinois circuit court clerks on the Illinois Courts website if you need directions to the clerk's office
Tell the personnel at the court clerk's office that you want to file an emergency order of protection. You may obtain this emergency order if you can convince the judge that giving notice to the abuser before the order takes effect will cause you further harm. The clerk's office will provide a petition form for the order of protection. For example, Cook County has its own filing forms and information for domestic violence (see References 2). Each county has its own local forms for filing a petition.
Fill out the petition for a protective order. Make sure you complete the information for an emergency order of protection. The clerk's office will then tell you which courtroom to visit to obtain the protective order.
Go to the courtroom and hand over the petition to the courtroom clerk. The judge will ask you questions. Explain that you fear for your safety and need an emergency order. The judge will issue the order if your situation warrants an immediate order of protection. The sheriff then serves the order. You do not have to contact the sheriff. The court will directly forward the emergency order of protection to the sheriff's office to give notice to the abuser.
After this point, you can get the court to issue a permanent injunction, that specifically states what the person can and cannot do.
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I may have some follow up questions. In the fight my father was hit in the ear and nbow has hearing lost. This is documented and can be brought into this situation. We have had a temporary restraing order on him. But do due the plea it was only active for 6 months while he attended his "Anger Management. I was wondering also can we "audio tape" him? If we can get what he calls and says to harass my parents then we can use your advice and get another temp. restraining order and then fill out a petition for a protective order. Doing the "audio" would help extremely with getting the orders put upon him. My mom does have a video camera she uses BUT when he does say anything to her it is always when he is off camera or when she doesn't have the camera on. She can just carry the small recorder with her when she goes out to do yard work and if he starts something she can turn it on.
Actually the police are correct that you cannot tape him because of the eavesdropping laws. There is some case law that indicates that a party to a conversation could do this without the other knowing it, but that's still up in the air.
Rather, you would want witnesses and other evidence that you could get. You can tell the judge what was said, when it was said, how you remember, etc... And that reminds me: document everything. In every single interaction that you have with him, immediately write down what was said, when, why, who was there, etc... and take pictures of physical damage and encroachments to the property. You can use this as evidence in a TRO situation.
Scott, I will tell her to right in a journal what he does. Usually, She tries to video tape him doing things he does or sayd to her as it occurs. We are planning to install cameras around our house just because of him.
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