People break up. But, often one person is not ready for the break up. It is one thing to call or text a former partner to get their attention. It is, frankly, extreme to appear in person at that person’s residence or workplace when uninvited. A polite “no thank you” will, hopefully, be observed and respected by the former partner who appeared at your home or workplace. If not, a call to the police will drive the point home. Afterwards, a petition for an order of protection can be filed to emphasize that you do NOT want to see the person again and provide a criminal penalty if your former partner appears at your home or workplace. Orders of Protection And Trespassing In Illinois An order of protection in Illinois uses backwards-looking logic. Were you abused? Then you need an order of protection. “If the court finds that petitioner has been abused by a family or household member…an order of protection prohibiting the abuse, neglect, or exploitation shall issue” 750 ILCS 60/214 Orders of protection are only for family, household members and former relationships. The Illinois Domestic Violence Act defines a “[f]amily or household member” to include “persons who have or have had a dating or engagement relationship.” 750 ILCS 60/103(6) “’Abuse’ means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” 750 ILCS 60/103(1) Trespassing will almost certainly qualify as “abuse” for the purposes of obtaining an order of protection in Illinois because trespassing is defined as a form of harassment. “Harassment” means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:(i) creating a disturbance at petitioner’s place of employment or school;(ii) repeatedly telephoning petitioner’s place of employment, home or residence;(iii) repeatedly following petitioner about in a public place or places;(iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;(v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner’s from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor […]
