Who Needs an Order of Protection in Illinois?

 Posted on June 07, 2023 in English

A protective order or Order of Protection is a court order in Illinois that requires an individual to stay away from the person they allegedly abused or stalked. It can refer to a Civil No Contact order , a Stalking No Contact Order or an Order of Protection.

Who is Eligible for an Order of Protection in Illinois?

The following individuals are eligible for an Order of Protection:

Domestic Violence Victims 

This includes household and family members who:

• Are related to the offender by blood or via a former or existing marriage

• Share a home with the offender

• Dated or had a relationship with the offender

• Have disabilities and were abused by their caregiver or family members

Sexual Assault Survivors 

This includes individuals who have been the victims of nonconsensual sexual conduct or penetration. The orders can also protect employees and volunteers who work in a rape crisis center and the family/household members of the victim.

Stalking Victims 

This includes any individual who has experienced conduct that has made them fear for their lives and safety or someone else's life and safety and has suffered emotional distress. Those victims who cannot get relief from the Domestic Violence Act or the Sexual Assault Civil No Contact Order are eligible. 

What You Need to Prove 

Victims who experienced the incidents mentioned above must prove that they were threatened, physically or sexually abused, stalked or denied basic needs and freedom due to age, disability or health.

To do this, they have to prove that the offender acted in a manner that would cause distress in a reasonable individual and they were similarly distressed. They must also describe the relationship between themselves and the offender who caused them harm. 

Order of Protection vs. Restraining Order 

A restraining order refers to broad cover orders that a civil court issues ordering one of the parties from requiring one of the parties to refrain from taking certain actions or to take certain actions. An Order of Protection is specifically issued to prevent domestic abuse. The order is more enforceable than a restraining order and has stringent penalties. 

An Order of Protection will require the offender or both the victim and the offender to stay away and have no contact. It can also help someone escape an abusive situation, such as allowing them to possess a home or get their pets back. It can also require the abuser to attend counselling. 

If they have children together, the order can give the victim temporary physical custody and childcare responsibilities, set a parenting schedule and order the offender to pay child support. 

Contact a DuPage County Order of Protection Attorney 

Domestic violence can have long-lasting repercussions on your mental and emotional health and take a toll on your family. A DuPage County Order of Protection attorney from J. Aldrich Law, P.C. can help you through the legal process of acquiring an OP. Contact us for a consultation by dialing 630-953-3000. 

Sources:

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

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