A commenter on this blog’s Q&A page recently submitted an update on his own ordeal that illumines the contradictions, corruption, and chaos that mar the restraining order process. His story, which I’ve edited for clarity, is worthy of the attention of legislators and should be of interest to anyone who has a stake in these matters or is curious to know how the restraining order process has been debauched since its advent decades ago.
As I mentioned before, I made an attempt to file an order of protection against the scorned sociopathic woman who put one on me. I was told I could not, yet nobody was able to tell me what statute prohibits this or what the law says except, “You cannot put an order of protection on anyone who has one on you.” I did, however, file a motion to dismiss/vacate.
One day last week I was going to visit my mother for lunch—her house is one of the few places I will go. She lives downtown. While on the way to visit her, I decided to make another attempt to file this order of protection. The court building is very close to where my mother lives. I went to the main courthouse and was ultimately told by a clerk (as well as lawyer who had overheard me) that to file a restraining order, I had to go to another building specifically for this. This new courthouse is about three years old. I took a taxi to the new building, made it into the area to file, gave my info, signed in, and waited. Ninety percent of the people there were women, most of whom looked like trouble. There were no secretaries. Questions and answers were audible to everyone. There were some very legitimate people, though I could see a lot of these people were simply looking for trouble. Not one was turned away.
They should get a revolving door put in soon.
There were about 20 forms to fill out. I was handed examples of how to fill them out with arrows, underlines, and check marks to indicate where everything went. I had already filled mine out in advance, using an online PDF. I handed the paperwork in, and it was gone over with me before the helper entered it into the computer. A short while later, a woman called my name. She asked me if had a case with this woman. I said yes. She said she sees I’m in the computer for filing a motion to vacate. She asked, “Vacate what?” I said, “Restraining order.” She told me, “You cannot put an order of protection on a person who has one on you.” I said, “I have not been out of my house in a year. I am the one who needs this. This woman is a scorned sociopath, and she is looking to get me in trouble.” She said a judge usually won’t hear a case like this. I said, “The constitution says we have equal protection under the law.” She said, “Let me see what I can do.” A short while later another woman called me and said the judge will see you at 2. I sat around and phoned my mother to say lunch was off. Two o’clock rolled around. I headed to the courtroom and saw the youngest female judge I have ever encountered (my fourth female judge). I thought to myself, she looks like a nice woman; I think she will be unbiased.
I honestly think people become possessed by demons when they put that black robe on. Most of them, anyway.
While I waited to be called, I did witness a couple of cases that were legit. I also saw some are-you-serious? cases. One woman just wanted her ex-boyfriend to stop calling and bugging her. I thought, no way is she getting one. The judge asked her, “Are you afraid he will hurt you?” She answered, “No.” The judge said, “I cannot issue one if you have no fear of him.” She said, “I don’t think he will hurt me…I don’t want him to bug me,” and fumbled for what else to say. The judge again leaned in, stuck her head forward and said, “I am going to ask you one more time: Do you fear him?” She said, “Yes.” Bingo! You just won a restraining order. Congrats!
Now I was called.
The judge had thought my order was up in a couple weeks, though that was the motion to dismiss. She said, “I cannot give an order of protection to anyone who has one on them from the other party.” I said, “What about the U.S. Constitution and the Illinois Constitution that state citizens have equal protection under the law?” She was cocky and said, “Oh, really. Where exactly does it say that?” I went into my carrier, which has a stack of paperwork for this case, and I pulled out the full constitution and said, “Article1, Section 2: ‘nor be denied the equal protection of the laws.’” I heard gasps at the back of the courtroom. She said, “Well, it is law I cannot give you one.” (By the way, this was the fastest talker I had ever encountered in my life—Adderall added, I’m guessing.) I grabbed my pen and said, “I have looked all over for such laws and cannot find any. Can you give me that statute?” She grabbed a book and said it was in the Illinois restraining order law book (I missed the page number), statute 750:60/215. I tried to find this book or that statute and had no luck. I must have written it down wrong, or she made it up, because she found it as fast as I could put pen to paper.
The good news is she made the restraining order “pending,” and it will be heard the same day as the motion. Her final words were, “You’ve made all the proper steps so far.” Like a game, eh? If that book does exists (I’m sure it does), I’d love to buy a copy!
The statute the judge quoted to him does exist (750 ILCS 60/215):
Mutual orders of protection; correlative separate orders. Mutual orders of protection are prohibited. Correlative separate orders of protection undermine the purposes of this Act and are prohibited unless both parties have properly filed written pleadings, proved past abuse by the other party, given prior written notice to the other party unless excused under Section 217, satisfied all prerequisites for the type of order and each remedy granted, and otherwise complied with this Act. In these cases, the court shall hear relevant evidence, make findings, and issue separate orders in accordance with Sections 214 and 221. The fact that correlative separate orders are issued shall not be a sufficient basis to deny any remedy to petitioner or to prove that the parties are equally at fault or equally endangered.
This statute is over 25 years old and derives from the Illinois Domestic Violence Act of 1986. The commenter above was not a batterer, nor, it’s very likely, were most of the men (and possibly women) who were slated to be issued restraining orders as a consequence of allegations made against them on the afternoon the commenter visited the courthouse (allegations, it’s worthy to note, that may have been coerced by the presiding judge: judicial subornation of perjury). The language of the statute (“protection,” “abuse,” “endangered”) along with the title of the act that instituted it into law plainly suggest that a much narrower application of it was intended by lawmakers than obtains in the administration of restraining orders today.
I find this commenter’s account very credible, as I hope any legislators who may read it will. “Are you serious?” is right.
Copyright © 2013 RestrainingOrderAbuse.com
Anonymous123: Genecks
March 29, 2013
In finding one’s defense, he or she proves themselves to be the victim via proving a negative.
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Anonymous123: Genecks
March 29, 2013
In mentioning that the seeker needs a good reason, the person may be counter-sued if things go awry. As such, the person should build a defense to fight off the restraining order placed against him or her and a good offense to place the restraining order on someone else before seeking a restraining order on someone who placed a restraining order on him or her. This is the path I’ve chosen: Seek the greatest defense until no more defense can be found, then defend with a motion for rehearing/vacate. Afterward, if this is not accomplished, understand what offense can be accomplished and do such. Defend before attacking, I argue.
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Anonymous123: Genecks
March 29, 2013
There are also times when the State of Illinois will put restraining orders on both people, such as two lovers who are criminals, thus barring each other from being together. These are not mutual restraining orders.
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Anonymous123: Genecks
March 29, 2013
I will say, however, that the individual seeking the restraining order must have good cause. In my case, I have good cause. My good cause is that I have been slandered and libeled by the individual who put a restraining order against me. Furthermore, I have been given uneasy looks by people in public. As there is no statute of limitations, I can place a restraining order on the person who placed a restraining order on me at any time.
Furthermore, with there being a problem of stalkers getting restraining orders against their victims, it should be well enough that a victim get a restraining order against the stalker, claiming the individual is a stalker that holds the intent to harm him or her.
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Moderator
March 29, 2013
Totally. There should always exist balances and counteractions in matters of law. That’s what’s so outrageous about this area of legislation: all checks and balances have been removed so defendants can basically be shoved down a chute to the incinerator. Feminists are happy, state makes money, la-la-la.
The Illinois legislation reminds people what restraining orders were about 20 to 30 years ago: offering a recourse to battered women (women whose husbands habitually struck them, physically intimidated them, shoved them around, etc.) who could otherwise expect neighbors to turn a deaf ear and the police and courts to humiliate them further for daring to complain. Restraining order laws were meant to empower the disempowered.
The social landscape is very different today from what it was 25 years ago, and it’s high time lawmakers reconsidered the restraining order process. This blog gets daily queries about the legality of putting restraining orders on people for “texting too much.” When feminists say, “We’ve come a long way, baby!” I don’t think this is what they have in mind.
The judge in this case was right about the law. She had to study and prove her familiarity with the rules before assuming this position.
It sounds like you at least had a judge who was open to scrutinizing the actual statute and perceived that it made allowances for exceptional circumstances.
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Anonymous123: Genecks
March 29, 2013
Correlative separate orders of protection undermine the purposes of this Act and are prohibited unless both parties have properly filed written pleadings, proved past abuse by the other party, given prior written notice to the other party unless excused under Section 217, satisfied all prerequisites for the type of order and each remedy granted, and otherwise complied with this Act. In these cases, the court shall hear relevant evidence, make findings, and issue separate orders in accordance with Sections 214 and 221.
Let me make sense of this:
1. Ex-girlfriend places restraining order on ex-boyfriend for being a jerk and calling too much
2. Ex-boyfriend has restraining order slapped on him
3. Ex-boyfriend undergoes dysphoric mania
4. Ex-boyfriend jots down evidence and history of this, other events, and so forth, along with psychological and psychiatric evaluations
5. Ex-boyfriend spends time determining why he became a jerk and called too much
6. Ex-boyfriend discovers something about himself and his past
7. Ex-boyfriend builds defense about these things, brings it to the court, and says that the ex-girlfriend’s abusive behavior brought about his abusive behavior, thus he is the victim of her actions.
8. Ex-boyfriend slaps restraining order on ex-girlfriend
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Anonymous123: Genecks
March 29, 2013
See, when you go to file a restraining order, there is a hearing. At which, the plaintiff provides evidence to prove to the judge that a restraining order should be issued. An individual who has made a very good defense should have enough available evidence to push a restraining order back onto the person who put a restraining order on the plaintiff seeking a restraining order against the former plaintiff. This would actually be a wise decision before fighting off the restraining order that was initially placed on the defendant in order to prevent any retaliation by the initial plaintiff: There is a level of risk and liability involved. As such, given that evidence and “proving” occurs, correlate restraining orders can occur. By the time things climax to such a level, there will be a level of paranoia of who gets who first, which is something to fear.
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Anonymous123: Genecks
March 29, 2013
Section 217 is when you walk in, have a hearing, and an emergency order of protection is granted and then served to the plaintiff. As such, the evidence to have such granted, especially to someone who had a prior restraining order placed on him or her, needs to be convincing. Of course, illegal evidence is frowned upon.
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Anonymous123: Genecks
March 29, 2013
Ahah… I’m in Illinois.
There is a thing, however.
That is for MUTUAL restraining orders, whereby parties agree TOGETHER that they have restraining orders against each other.
The law does not state that you cannot put a restraining order on someone that is not mutual. As such, he can put a restraining order on the person.
The judge was using sophistry and appealing to ignorance.
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