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How do I stop an order of protection petition from being served?

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Jacquis59

Junior Member
What is the name of your state (only U.S. law)? Illinois - I want to cancel the court appearance petition from being served to him. If I can't do that can he just avoid being served and does the petition expire? If he is served and he goes to court but I don't is it just invalidated? I want to stop it from happening. Please tell me what steps I need to take to make that happen.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Illinois - I want to cancel the court appearance petition from being served to him. If I can't do that can he just avoid being served and does the petition expire? If he is served and he goes to court but I don't is it just invalidated? I want to stop it from happening. Please tell me what steps I need to take to make that happen.


Why do you want to withdraw the petition?
 

Jacquis59

Junior Member
I didn't want to do it in the beginning. My parents pushed me into doing it so I did it. I really just want to stop it. If he is not served (if they can't find him) then does it become void after a certain amount of time? I want to know that a warrant for his arrest won't be put out. I also want to know if they do serve him and I don't show up in court if it will just be void.
 

Proserpina

Senior Member
I didn't want to do it in the beginning. My parents pushed me into doing it so I did it. I really just want to stop it. If he is not served (if they can't find him) then does it become void after a certain amount of time? I want to know that a warrant for his arrest won't be put out. I also want to know if they do serve him and I don't show up in court if it will just be void.

Jacqui, how old are you?
 

Jacquis59

Junior Member
I am not afraid of him. I can take care of myself. Right now I don't need advice because I'm making a decision. I want to know what I can do to stop this. If they can't find him will it be dropped or will they put out a warrant for his arrest? If they do serve him and I don't appear in court will it just be dropped?
 

cbg

I'm a Northern Girl
What happened so that your parents thought an order of protection was necessary? I'm asking for a reason.
 

Just Blue

Senior Member
I am not afraid of him. I can take care of myself. Right now I don't need advice because I'm making a decision. I want to know what I can do to stop this. If they can't find him will it be dropped or will they put out a warrant for his arrest? If they do serve him and I don't appear in court will it just be dropped?
I was going to offer advice, but I see you don't want any.
 

CdwJava

Senior Member
If he fails to appear for a criminal case, or a warrant is issued for his arrest because of whatever crime he committed (I presume he attacked you), then he could be arrested. If you fail to appear at any restraining order court hearing and were under subpoena, you might be subject to criminal sanctions yourself. Might the restraining order be dropped, sure. But, if he committed a crime against you it may well come to pass that the court will issue such an order anyway. And, before you run back and tell the court that it was all a mistake you might want to consult an attorney because you might be confessing to a perjury or making a false police report if you suddenly decide to change your story.

And, do you have any idea how many victims of domestic violence say the same things that you have? Many ... some of which are now dead. I strongly recommend you speak with an advocate or counselor before you seek to remove the only thing that might protect you from further abuse.
 

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