When Should I Get an Order of Protection in Illinois?

 Posted on December 24, 2024 in Family Law

If you have become a victim of abuse by a romantic partner, roommate, or family member, you may feel powerless to protect yourself. However, you do not have to suffer in silence. Illinois recognizes the right of survivors of domestic abuse to get a protective order against their abusers, which can bring you immediate safety and long-term peace of mind. 

A St. Charles, IL family law attorney can help you file and enforce an order of protection. Shaw Sanders, P.C. is prepared to serve as a fearless advocate for your safety, as the attorneys at our firm have experience taking family law issues to court with aggressive litigation. If you have noticed any of the following troubling patterns in your relationship, you can take action against your abuser with a protective order.

Physical Abuse

Domestic violence frequently happens behind closed doors where an abuser is sure there will be no outside witnesses. If you are in this situation, you may be afraid to do anything out of fear of retaliation, but securing your immediate safety is an urgent matter. In this case, your best recourse may be to file an emergency order of protection with a judge. The main benefit of this protective order is that it can be enforced on short notice, as a judge can approve it based on your testimony alone. 

This order is effective for up to 21 days until a hearing for long-term protection can be scheduled in court. If a judge deems it necessary, you may be able to have the abuser removed from your home.

Stalking

Not all forms of abuse involve physical contact. If an abuser continually harasses you at your workplace or school, an order of protection can place sanctions on the abuser to prevent him or her from coming near you. An order of protection can also bar your abuser from visiting your child’s school. After a court hearing for a plenary order of protection, your abuser can even be forced to stop attending the same school as you. A plenary order of protection can last for two years, but it can be renewed any number of times for your continued safety.

Protection of Property

An abuser may threaten to seize or destroy your personal property as a means of intimidation. With an order of protection, a judge can enforce your rights to property, ensuring that your abuser will be held accountable for any attempt to damage or steal your possessions. An order of protection can also grant you temporary ownership of property shared between you and your domestic partner.

Is an Order of Protection Effective? 

For most people, the consequences of violating an order of protection are enough to convince them to abide by its terms. However, for some of the most dangerous abusers, order of protection can actually trigger further acts of violence. 

Before filing for an order of protection, consult with an experienced attorney about your specific situation. If you fear for your safety, or your children’s safety, an order of protection may not be sufficient. You may need to seek shelter or go to another situation where your abuser cannot find you. 

Meet With a St. Charles, IL Restraining Order Attorney

If you face continual violence, intimidation, or harassment from a domestic partner in Illinois, you do not have to bear your burden alone. A Kane County, IL order of protection attorney at Shaw Sanders, P.C. can help take immediate steps to protect you and your family, making sure that your concerns are heard by a judge. To schedule a free consultation, call our offices at 630-584-5550 today.