Am I Eligible for an Order of Protection?

 Posted on May 06, 2025 in Family Law

 If your safety has been threatened by domestic violence, you might be plagued by feelings of anger and powerlessness. You do not deserve to live your day-to-day life in a state of perpetual fear. By filing for an order of protection, you can get relief from unwanted abuse and harassment. If you are not sure you qualify for an order of protection, an Illinois family law attorney can review your case.

There are many different situations in which you can file a restraining order against an abuser. At Shaw Sanders, P.C., we stand as dedicated advocates for survivors of domestic violence. We can help you explore your options for protection and take legal action on your behalf.

Restraining Orders for Physical Abuse in Your Family or Household

If you have been physically abused by someone in your family or household, you may qualify for a protective order. This could apply to a number of personal relationships, including your current or former spouse, romantic partners, the biological father or mother of your child, your caregiver, or any other blood relation.

Under Illinois law, "physical abuse" is defined as when someone knowingly commits any of the following acts:

• Using physical force against another person

• Confining or restraining another person

• Unnecessarily depriving someone else of sleep

• Any other conduct that puts someone at risk of immediate injury

Additionally, any kind of sexual abuse is considered physical abuse. If you have been subjected to physical abuse, it may be in your best interests to photograph the evidence to preserve it for later use. Also, you can ask witnesses of the abuse to testify on your behalf in a hearing for a plenary order of protection.

Restraining Orders for Harassment

You can also get an order of protection for any harassment you have suffered at somebody else’s hands. Harassment does not have to take place in person – it can include acts such as repeatedly calling you in a way that causes you emotional distress. The legal definition of harassment also calls out other unnecessary behaviors like causing a disturbance at your job or following you in public.

Harassment can be harder to prove in court than physical abuse. As such, it is important to document all instances of unwanted contact or attempts to unnerve you. This might mean screenshotting text messages, saving voicemails, or getting someone else to testify about the repeated harassment.

Restraining Orders for Exploitation

Abuse can take on several insidious forms. If you are a disabled adult who is taken advantage of by a household or family member, you could file an order of protection against that person. Exploitation can refer to any misuse of your assets through the use of fraud, extortion, or deception. You can also file on behalf of a disabled adult in your life whom you suspect is being exploited by a family or household member.

Exploitation over a long period of time can deliver a devastating blow to one’s finances. When the need for intervention is urgent, an attorney can help you fill out your petition in a timely manner.

Meet With a St. Charles, IL Family Law Attorney Today

There is no justification for abuse, harassment, or exploitation. If you need relief from an abusive person in your life, a Kane County, IL order of protection lawyer can help you pursue legal action. Call our offices at 630-584-5550 to schedule a free consultation.