What Types of Protection Orders Are Available in Illinois?

 Posted on October 15, 2021 in Family Law

Domestic abuse can take many forms. Some victims suffer physical abuse including punching and kicking. Others are psychologically manipulated and isolated from their loved ones. Some aggressors show up at the victims’ homes, schools, and workplaces or use threats and intimidations to maintain control over their victims. If you have been stalked, threatened, or abused, you should know that there are legal protections available to you in the form of protection orders.

Emergency Order of Protection

Domestic violence or domestic abuse involves abuse between family members, past or current romantic partners, or household members. If you have been the victim of domestic violence, consider obtaining an Emergency Order of Protection (EOP). An EOP is a court order that prohibits the abusive person from contacting you or coming near you. Depending on your particular needs, the EOP may require the abusive person to temporarily move out of your shared home, surrender his or her Firearm Owner Identification Card, and stay away from your work or school. You can get an EOP on an “ex parte” basis which means that the subject of the order does not need to be present. Often, EOPs are issued by the court on the same day on which they are requested. An EOP is a legally binding court order. Violating any provision within an EOP is a criminal offense.

Plenary Order of Protection

Emergency protection orders are designed to be temporary. They only last up to three weeks. When you request an EOP, the court will usually enter a hearing for a Plenary Order of Protection. This protection order lasts up to two years. To get a Plenary Order of Protection, you will attend a hearing and explain why you are requesting protection. You or your attorney will present evidence of the abuse or stalking to the judge. The subject of the order of protection, called the respondent, will have an opportunity to defend himself or herself against the accusations. However, if the respondent fails to show up for the hearing, the judge will most likely grant your request and enter the Plenary Order of Protection.

How Do Protection Orders Help?

Once you have an Emergency Order of Protection or Plenary Order of Protection in place, the respondent is bound by the terms of the order by law. If he or she comes to your home, contacts you, or otherwise violates the terms of the protection order, you can call the police and have him or her arrested.

Contact a Wheaton Domestic Violence Lawyer

To learn more about getting an order of protection or for other family law needs, contact a DuPage County family law attorney from Goostree Law Group. Call630-364-4046 for a free, confidential case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214