Orders of Protection: Legal Protection When You Need It
If you are a victim of domestic violence or constant harassment from your current or former partner, you can obtain an order of protection to protect yourself from him or her. An order of protection is a court-ordered set of rules regarding how an individual may interact with the individual who sought the order. It is a criminal offense to violate this set of rules. If you feel that you need to file for an order of protection from your spouse or another member of your household, contact an experienced attorney to learn more about what such an order can and cannot do.
Types of Orders of Protection
In Illinois, three different types of protection order are available to domestic violence victims. They are as follows:
- Plenary Order of Protection. This type of order of protection may only be obtained after the victim and his or her alleged abuser have appeared in court to argue their cases to a judge. This is the most long-term type of order of protection available in Illinois and may be valid for up to two years.
- Emergency Order of Protection. The alleged abuser does not have to be present for a judge to issue this type of order to a victim. If a judge feels that a victim is truly in danger of domestic violence following the victim’s testimony, he or she may grant this type of order.
- Interim Order of Protection. After an emergency order of protection expires and before a victim can appear in court to receive a plenary order of protection, a judge may issue an interim order of protection. This order provides the same protection that the other types provide for the gap of time between a victim’s access to the other two.
Where to Obtain an Order of Protection
A victim may file for an order of protection in the county where he or she lives, the county where the abuser lives, the county where the abuse occurred, or the victim’s current location. It must be filed with the clerk of the circuit court of the county.
What an Order of Protection Can Do
An order of protection can help you regain control of your life by escaping harassment and other forms of abuse from a current or former household member. In some cases, you may file an order of protection against an individual who was never part of your household, such as in cases where you and the abuser have a child together. Depending on the circumstances of your relationship with the abuser and the type of abuse you have experienced with him or her, an order of protection may prevent him or her from making any contact with you, give you full custody of your children, require him or her to reimburse certain legal fees, or require him or her to give up any firearms he or she owns.
Seek Help from a DuPage County Divorce Attorney
Contact Abear Law Offices to discuss your needs with a compassionate and experienced DuPage County family law attorney. You should never have to live in fear of another individual. Get the help you need today and if that help involves an order of protection, learn more about how you can obtain this type of document.