Filing False Restraining Order

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Summary

Filing a restraining order with false information in Illinois can result in perjury charges, a Class 3 felony, and potential defamation lawsuits. You should file an affidavit detailing the false claims and attach necessary evidence. Notarize your affidavit before submission. Its not legally required to inform an attorney about filing a restraining order, but its advisable to consult with them. Always consult a local attorney for specific legal advice.

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So for example if the non-custodial parent was able to file a restraining order out of Kane county Illinois that I was served with yesterday July *, * and after reading it I see false statements I’ve already filed my appearance electronically and served him with the notification of my appearance But I want to electronically file evidence proving that he is lying what should I file
Hello Alisa,
To submit evidence to refute false statements in a restraining order, in Illinois you should:
- File an affidavit detailing the false claims.
- Attach necessary evidence such as emails, texts, or other documents.
- You can also submit witness statements if available.
Remember to consult with a local attorney to ensure correct filing.
What do you mean by I should file an affidavit
An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court. It should detail the false claims made against you. This is a sworn statement of facts that you are declaring to be true under penalty of perjury.
So I can fill out the entire affidavit but I should not sign it with my signature until I get it notarized
Yes, Alisa, that's correct. You can fill out the affidavit but refrain from signing it until you're in the presence of a notary. This way, your signature can be properly witnessed and authenticated.
Can I draft my own affidavit and what should I title the affidavit as it is pertaining to a restraining order that was received with false information
Yes, Alisa, you can draft your own affidavit. You can title it something like "Affidavit in Response to False Claims in Restraining Order." Make sure to consult with a local attorney to ensure proper formatting and content.
Is there any consequences when someone updates or files for a restraining order with false statements and information and accusations in Kane county Illinois
Yes, in Illinois:
- Filing or updating a restraining order with false information is perjury, a Class * felony.
- It can also lead to defamation lawsuits.
- The court may dismiss the restraining order.
Always consult a lawyer for your specific situation.
As what I read and the documents I was served Wes yesterday the noncustodial parent stated that we were involved in a family court in Cook County Illinois but there is no upcoming court dates when there actually is upcoming court dates he also has an attorney for the child support case and cook county that is on going but he filed and obtained a restraining order without his child support attorneys knowledge
In Illinois, if a party knowingly provides false information during the legal process, it could potentially be considered perjury, which is a serious offense. If you believe false information has been provided, it would be advisable to bring it to the attention of the court.
I am trying to ask or figure out if the noncustodial parent and I are involved in an ongoing Child support case in cook county Illinois And the non-custodial parent has an attorney representing him in the child support case and files and obtains a restraining order with out the knowledge of his attorney and he obtains the restraining order with false statements
In Illinois, if a party knowingly provides false information during a legal process, it may be considered perjury, a serious offense. You should bring this to the attention of the court. Also, consult your attorney about possible contempt of court for violating court disclosure requirements.
I want to know if he should have done that was he not supposed to ask his attorney in this child support case before going in obtaining a restraining order with false information behind his attorneys back without her knowledge
In Illinois, it's not legally required for a party to inform their attorney about filing a restraining order. However, it's generally advisable to consult with an attorney on all legal matters to avoid potential issues. False information can lead to perjury charges.