Legal Document Filing Guidance

Ask Your Question For Free

Summary

To contest a restraining order in Kane County, Illinois, file an Affidavit in Opposition to Restraining Order with documented evidence. Ensure the affidavit is notarized. You can also request a venue change to Cook County by filing a Motion to Change Venue or request a remote hearing via Zoom. Allegations of perjury can be included in your affidavit, but consult a legal professional for guidance on criminal proceedings.

Full Conversation

I am involved in an ongoing child support case with a non-custodial parent in Cook County Illinois The non-custodial parent without the knowledge of his attorney in the child support case was able to file and obtain a restraining order against me out of Kane county Illinois after I was served with the restraining order forms on July *, * and after reading it I see that he was able to obtain it with false statements and accusations and allegations I’ve already filed electronically my appearance and electronically notified him by email of my appearance so now if I want to file something and providing evidence proving that the non-custodial parent is making false allegations statements what should I file electronically with that Kane county Illinois
Hello Alisa, you may want to consider filing a "Motion to Vacate" the restraining order in Kane County, Illinois. This motion can include your evidence against the false allegations. However, it's advised to consult with a legal professional for further guidance.
Five minutes ago you told me I should file a affidavit attaching my evidence
I apologize if there was any confusion. To clarify, you can file an 'Affidavit' along with your 'Motion to Vacate'. The affidavit will contain your evidence refuting the false allegations. Please consult a legal professional before proceeding.
And what exactly is a motion to vacate
A Motion to Vacate is a legal request to the court to withdraw a previous order or judgment it entered. It's typically used when the order or judgment was obtained based on fraud, mistake, or other irregularities. Consult with a legal professional to help you with this process.
But there has not been a judgment made yet as the court hearing is set for July *, * but I want to submit to the court where the hearing will be held for the restraining order evidence proving that the non-custodial parent is lying and was able to obtain the restraining order which false lies
In your case, you can file an 'Opposition to the Restraining Order' before the court hearing. This document should contain your evidence against the false allegations. It's best to consult with a legal professional for guidance on how to properly compile and submit this document.
So now I’m really confused first you said affidavit in response to restraining order than you said vacate and then now is this
I apologize for the confusion, Alisa. To clarify:
- File an 'Opposition to Restraining Order' before the hearing. This includes your evidence against the false claims.
- An 'Affidavit' can be attached, detailing specific counter-claims.
- 'Motion to Vacate' is not applicable as no judgment has been made yet.
Please consult a legal professional for detailed guidance.
And when you say affidavit could be attached detailing specific counterclaims what do you mean by that
An 'Affidavit' is a sworn statement of fact, made under oath. When I mentioned it, I meant you could write an affidavit stating your side of the story - the counterclaims. It would detail why you believe the allegations against you are false. It's essential to consult with a legal professional when drafting this.
And what exactly is opposition to restraining order
An 'Opposition to Restraining Order' is a legal document you submit to the court, arguing against the imposition of a proposed restraining order. It should contain your evidence and arguments refuting the allegations made by the other party. It's advisable to consult with a legal professional for guidance.
Can I attach documented evidence to both opposition to restraining order an affidavit and what should I titled the affidavit
Yes, you can attach documented evidence to both the 'Opposition to Restraining Order' and 'Affidavit'. Your 'Affidavit' could be titled 'Affidavit in Opposition to Restraining Order'. Please consult a legal professional for further guidance.
So in that case I can just file one affidavit in opposition to restraining order
Yes, you can file an 'Affidavit in Opposition to Restraining Order', attaching all relevant evidence that supports your case. However, it's recommended to seek advice from a legal professional to ensure you're correctly addressing your situation.
And what I need to get that Notarized or I can just sign it myself as I am presenting myself as I do with a Cook County affirming that all statements are accurate according to Supreme Court rule * and sign my signature and date it
For your 'Affidavit in Opposition to Restraining Order', Cook County, Illinois requires it to be notarized. This verifies that you, the affiant, correctly signed the document. Always consult with a legal professional to ensure compliance with Supreme Court Rule *.
So I can draft at myself fill everything I need to fill but wait to sign it until it gets notarized
Yes, you can draft the 'Affidavit in Opposition to Restraining Order' yourself. Fill in all necessary details, but sign it in the presence of a notary public. They will verify your identity and your signature. It's advisable to consult a legal professional for guidance.
Can I or how do I request that the case be transferred from King County to cook county as it is far to travel
To request the transfer of your case from King County to Cook County, you may need to file a "Motion for Change of Venue" in the King County court. The specific rules and steps might vary, so consulting with a legal professional in your area is advisable.
From kane county to cook
To request the transfer of your case from Kane County to Cook County, you will need to file a 'Motion to Change Venue.' This is a formal request asking the court to move your case to a different location for convenience. Consult with a legal professional for specific procedures.
Or can I request that it be held via zoom and how do I do that
To request a hearing via Zoom in Kane County, Illinois, you may need to file a motion for a remote hearing. However, specific procedures may vary, and it's generally advised to consult with a legal professional or the court clerk for detailed guidance.
I’m also trying to figure out what are these codes that are listed in the petition for the restraining order I was served with for example estates if the respondent were given prior or greater notice to immediate danger and it lists R01 r03 r05
The codes R01, R03, R05 are likely internal codes used by the court or law enforcement. They may refer to specific legal conditions or stipulations related to restraining orders. It's advisable to direct this question to a legal professional or your county court clerk to understand their exact meaning.
Can I also request that the non-custodial parent be held accountable for perjury in my affidavit opposition to petition for restraining order
Yes, you can allege perjury in your 'Affidavit in Opposition to the Restraining Order' if you believe the non-custodial parent knowingly made false statements under oath. However, proving perjury requires substantial evidence. Consult a legal professional for guidance.
Oh I have overwhelming documented evidence but how would I request that he be held accountable for perjury
To hold someone accountable for perjury, you may need to:
- Include the allegation in your 'Affidavit in Opposition to the Restraining Order'
- Provide the overwhelming documented evidence
- Consult with a legal professional for potential criminal proceedings
Remember, perjury is a serious offense and often requires a separate legal process.