What Types of Protection Orders Are Available in Illinois?

 Posted on April 14, 2020 in Family Law

Domestic violence is surprisingly common both in the state of Illinois as well as around the country. Sadly, many victims of abuse stay silent because they do not realize that there are programs that can help them leave an abusive relationship. In Illinois, victims of abuse and stalking have the ability to get a legal court order called an “order of protection.” Protection orders, also called restraining orders in some states, may prohibit the subject of the order from contacting certain protected individuals or going to certain locations. If you have suffered from domestic violence or you are worried that a family or household member may attempt to harm you or your children, you may want to consider obtaining an order of protection.

Emergency Orders of Protection

A protection order can be customized based on your unique needs. It may protect you, your children, anyone who lives or works in your house, adults with disabilities, and your pets. An Emergency Order of Protection (EOP) can include many different types of provisions. The EOP may prohibit the abuser from contacting the victim(s) of the protection order including calling, emailing, or texting them. It may also require the abuser to stay a certain distance away from the victim(s) and their home, school, or workplace. Depending on your situation, the protection order may also result in the revocation of the abuser’s Firearm Owner Identification Card which takes away his or her legal right to possess a gun. An EOP can be obtained without the abusive person’s presence and lasts up to 21 days.

Interim Orders of Protection and Plenary Orders of Protection

When someone obtains an Emergency Order of Protection, they will typically schedule a court date for a Plenary Order of Protection hearing. During the Plenary hearing, a judge will listen to your reasons for requesting the protection order and examine evidence that supports your side of the story. Your abuser will also be notified of the hearing and given an opportunity to tell his or her side of the story. If the judge grants the Plenary Order of Protection, it can last up to two years. If you need protection between the termination of the EOP and the start of the Plenary Order of Protection, you may be able to receive an Interim Order of Protection. If an abusive person violates any of the terms of a protection order, he or she is subject to immediate arrest and a variety of criminal consequences.

Contact a Kane County Protection Order Lawyer

Leaving an abusive spouse or escaping other forms of abuse can be a very daunting endeavor. Fortunately, you do not have to face the process alone. Shaw Sanders, P.C. can help you with obtaining a protection order, represent you during the Plenary hearing, and ensure that your rights are not violated. Call our office at 630-584-5550 today to schedule a free, confidential consultation with an experienced St. Charles family law attorney from our firm.

Source:

http://www.illinoiscourts.gov/forms/approved/protective_orders/Order_of_Protection.asp