What Is an Order of Protection?

 Posted on May 31, 2019 in Family Law

According to many studies, one in every four American women will face intimate partner violence throughout the course of their lives. In instances of domestic violence, it is critically important to act quickly to remove yourself, and any potentially endangered family members, from the harmful situation. It is not uncommon for the violence to escalate to life-threatening harm, in cases of domestic violence. Below we will examine the various types of orders of protection that a qualified attorney can assist you in securing.

Securing an Order of Protection

Once you have decided to take the steps to remove yourself from the harmful situation you were living in, your attorney will assist you throughout the entirety of the process. The first step will be to apply for an order of protection through a judge, that directs the offender to stay away. Once you have applied for the order of protection, you must prove that you are endangered by your spouse. In instances of domestic violence, a sworn statement from the victim will suffice as necessary evidence for the judge to issue an emergency order. After the temporary order has been placed, the defendant will be notified of the order, and a hearing will be held to determine whether or not the defendant will have a more permanent order (a plenary order) placed against them.

Types of Orders of Protection

In Illinois, there are three types of orders of protection: an emergency order, an interim order, and a plenary order of protection. An emergency order of protection can be placed on the defendant without the defendant’s knowledge. These orders are established to offer the victim immediate protection, in the instance of domestic violence. An interim order will be issued if the petitioner has been served, these orders last 30 days, providing a larger time frame of protection. The final type of order of protection is a plenary order. A plenary order can only be issued by a judge after a hearing with both the respondent and the petitioner. The respondent must be notified of the hearing, but they can ultimately choose not to show up. The petitioner must be present in the courtroom, in order for the order to be established. These orders last a maximum of two years and can be renewed if danger is still present.

Contact an Illinois Order of Protection Lawyer

At J. Aldrich Law, P.C., your safety is our top priority. If you are a domestic violence victim, the first and most important step you can take is contacting law enforcement officials. After contacting the police, it is time to speak with an attorney regarding your options moving forward. No person deserves to live in fear of being physically harmed by a partner. Through the establishment of an order of protection, our team can assist you in ensuring your safety and reclaiming your peace of mind. For a free and confidential consultation with a devoted Naperville domestic violence attorney, call us today at 630-953-3000.

Source:

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