Navigate divorce with confidence:
Let us help you transform a tough
chapter into a clear path forward.
Let us help you transform a tough
chapter into a clear path forward.
Orders of Protection
Unfortunately, domestic violence is a common element in today’s society. Make no mistake about it, domestic violence is a crime in Illinois. If you are abused by a family member or a household member, then you can seek an Order of Protection. Collectively, the attorneys at Taradash Given, P.C. have been assisting victims of domestic violence for close to 20 years.
What is an Order of Protection?
An Order of Protection is a court Order, signed by a judge, that prohibits someone from acting in a certain way and/or orders a person to stay away from another person.
In order to obtain an Order of Protection, you have to draft and file a Petition for Order of Protection (you can also do this on an emergency basis). After you have drafted and filed your Petition, the Judge will determine if your situation qualifies for an Order of Protection.
If you are successful in obtaining an Order of Protection, then the person abusing you will be ordered to stay away from you and/or stop behaving in a certain manner towards you.
Basically, there are 3 types of Orders of Protection:
- Emergency Order of Protection (usually lasts for 21 days and then a full hearing is held)
- Interim Order of Protection (usually last for up to 30 days)
- Plenary Order of Protection (may last for up to 2 years)
What Constitutes Abuse?
The Illinois Domestic Violence Act is the statute which defines abuse. Per this statute, abuse includes, but is not limited to, the following:
- Physical abuse (punching, pushing, kicking, etc…)
- Harassment (repeatedly calling someone’s employment or cell phone, following someone, threatening to hurt someone, etc …)
- Forcing someone to do or say something they don’t want to.
What is a Family Member or Household Member?
Family members and household members are:
- Spouses (or former spouses)
- Parents
- Children (and step-children)
- People who live together (or used to live together)
- People who dated
What Happens to my Divorce if I Get an Order of Protection?
In a nutshell, nothing. If you are in the midst of a divorce or parentage case, your case can proceed as usual. The abuser will have to abide by the terms of the Order of Protection.
What Should I do if an Order of Protection is Served on Me?
First and foremost, if you are served with an Order of Protection, OBEY the Order at all costs. Do NOT violate the terms of the Order of Protection as this will only make matters worse.
Second, go and hire a lawyer. Gather all the relevant documents (the Petition for the Order of Protection, the Order of Protection and any other relevant documents) and give them to your lawyer so that the two of you can get together and start preparing your defense. Unfortunately, many times one party will lie to get an Order of Protection with the goal of using the Order of Protection in a contested custody trial.
Do You Have Questions Regarding Obtaining or Defending an Order of Protection?
Whether you need an Order of Protection or you need to defend yourself against one, it’s always best to have a lawyer represent you. The dedicated attorneys at Taradash Given, P.C. have the skills and knowledge to assist you in this sensitive area. Feel free to contact us online or call us at (312) 775-1020 to speak to an experienced attorney to help you.