McHenry County Family Law AttorneyWhen someone is the victim of threats, intimidation, abuse, or violence perpetrated by a household or family member, they may petition the court for an order of protection. Called restraining orders in other states, protection orders are valuable legal tools for victims of domestic violence. However, protection orders are also vulnerable to misuse by individuals perpetuating false claims of domestic violence. Whether you are the subject of a protection order or you want to get a protection order to shield yourself from abuse, it is important to understand how these legal tools work.

Emergency Orders of Protection in Illinois

In Illinois, an emergency protection order may be granted to anyone who has been abused by a former or current household member, romantic partner, or family member. The term “abuse” does not only refer to physical abuse like punching or hitting. Per Illinois law, harassment, intimidation, and interference with personal freedom also constitute abuse.

An individual may request an order of protection for themselves, a dependent adult, or a child. Emergency orders of protection are often issued on the same day on which they are requested. These orders may go into effect before the respondent is served with notice of the petition.

Plenary Orders of Protection  

Emergency orders of protection (EOPs) are only temporary measures. When the EOP is issued, a hearing date is set for a plenary order of protection. During the hearing, the respondent, meaning the person being accused of abuse, has the chance to defend himself or herself against the accusations. The judge will consider evidence from both parties and then decide whether to issue a plenary protection order.

What Does an Order of Protection Do?

Orders of protection are intended to prevent further abuse or harassment. The exact provisions in an order of protection vary from case to case. Some of the most common provisions include:

  • Prohibiting the respondent from contacting the petitioner

  • Prohibiting the respondent from coming within a certain distance of the petitioner’s home or workplace

  • Giving exclusive possession of a shared residence to the petitioner

  • Restricting the respondent’s right to possess firearms

  • Requiring the respondent to attend counseling

What Should I Do if I Am the Subject of a Protection Order?

If someone has taken out an order of protection on you, it is very important to comply with any and all terms of the order. This may mean that you will need to temporarily move out of your home or forgo seeing your children for a certain amount of time. Violating a protection order is a criminal offense in Illinois. Obey the requirements in the order of protection and contact a criminal defense attorney for help.

Contact a Crystal Lake Domestic Violence Lawyer

If you need to request an order of protection for yourself or you are the subject of a protection order, contact Botto Gilbert Lancaster, PC for help. Our McHenry County protection order attorneys can advise you of your rights and options and represent you during legal proceedings. Call 815-338-3838 for a free consultation today.

 

Source:

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

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