How Can an Illinois Order of Protection Help Me?

 Posted on October 17, 2019 in Family Law

Domestic violence is something that is, unfortunately, all too common. According to the National Domestic Violence Hotline, more than 12 million people experience some sort of violence or abuse by family members or romantic partners each year. According to Illinois law, domestic violence occurs when a family or household member commits any act of abuse toward you or other members of your family or household. You do not have to be related by blood or even marriage for an act to be considered domestic violence; it can occur between people who are dating (or formerly dated) or even just people who live together (or formerly lived together). Abuse is not limited to physical harm, but can also be sexual or emotional.

Fortunately, there are things you can do to protect yourself and your family members if you are experiencing domestic violence. Getting an order of protection can be extremely beneficial in any domestic violence situation.

What Is an Order of Protection?

An order of protection is a civil court order that can protect those who have experienced domestic abuse. The order of protection will contain certain stipulations that limit what the respondent (your abuser) cannot do or is required to do. These rules are known as “remedies”. As a court order, the respondent is bound by law to obey the terms of the order, or they could face criminal penalties.

How Can an Order of Protection Help Me?

If immediate protection is needed, an emergency order of protection may be issued by a judge, and this will typically be done in a hearing where the respondent does not need to be present. An emergency order will typically be in effect for 21 days. To determine whether more permanent protection is needed, a hearing will be held in which a judge will listen to your case, and the respondent will also have the opportunity to voice his or her side of the situation. The judge will determine whether or not a plenary order of protection (which can last for up to two years) is appropriate, and he or she will also determine which remedies will be included in the order. Possible remedies in an order of protection include:

• Prohibiting the respondent to commit or continue abuse or harassment

• Prohibiting the respondent from entering or living in a shared home for a period of time

• Requiring the respondent to attend counseling

• Awarding physical care and possession of a minor child to you

• Determining visitation terms

• Any other remedy the judge deems appropriate to prevent further abuse

Contact a DuPage County Domestic Violence Attorney

It can be difficult to break the cycle of domestic violence, but getting an order of protection against your abuser can be a step in the right direction. If you have been a victim of domestic abuse, get in touch with our compassionate Wheaton, IL order of protection lawyers today. At the Goostree Law Group, we understand that the process of getting an order of protection can be confusing and distressing. We can guide you through the process and provide you with assistance in obtaining the protection you and your family members need. Call our office today at 630-364-4046 to schedule a free consultation.

Sources:

https://www.dupageco.org/States_Attorney/2096/

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.thehotline.org/resources/statistics/