Filing an Order of Protection

 Posted on January 24, 2019 in Family Law

An order for protection is commonly known as a restraining order. Through the Illinois court system, one can file various different types of restraining orders based on the threats of violence that they are experiencing. Minors, those under the age of 18, can petition for a restraining order despite not being a legal adult. This is allowed simply because abuse does not discriminate based on age. Teens and women ages 16-24 have the highest risk rate for intimate partner violence. Continue reading to learn what is classified as abuse and which situations can be used to petition for an order for protection.

Types of Restraining Orders

Many incorrectly believe that an order of protection can only be filed if proof of physical abuse is present. Abuse can take many forms such as physical, emotional, and psychological. Anyone who violates orders of protection receives a Class A misdemeanor for the first offense and a Class 4 felony for any other violations. There are various types of restraining orders to accommodate for the different types of abuse that occur.

1. Domestic Violence and an Order of Protection: This form of restraining order can apply to any living situation. This includes those related by blood or marriage, cohabitants, those who share children, people in romantic relationships, and those who have disabilities.

2. Sexual Assault and a Civil No Contact Order: For those who have been victims of sexual assault, a civil no-contact order can not only protect the victim but also family/household members of the victim and rape crisis center employees/volunteers.

3. Stalking and a No Contact Order: This action is for those who fear for their own safety or the safety of another due to someone else’s actions. Action can be taken for threats of stalking or evidence of stalking.

Contact a Kane County Domestic Violence Lawyer

Any form of abuse is reason to file for protection. Without taking immediate action, the issue can continue and even get worse. At Shaw Sanders, P.C., we understand that filing for an order for protection can be emotional and difficult to do. Contact a skilled Kane County domestic violence lawyer for a free consultation at 630-584-5550.

Sources:

https://www.domesticshelters.org/domestic-violence-articles-information/can-i-get-a-protection-order-if-i-m-under-18

http://www.cookcountycourt.org/Portals/0/Domestic%20Violence%20Division/Forms/Protective%20Orders%20Comparison%20Sheet.pdf

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticViolence/HowDoI.aspx