What is an Order of Protection?
An Order of Protection is a legal and enforceable document issued by a court that protects an abused or harassed victim. It may also be issued when a person makes threats against another. The goal of the order is to prohibit and make it illegal for an offender to abuse, harass, interfere with personal liberty or stalk another.
Can men and women both obtain Orders of Protection?
Yes. The Illinois Domestic Violence Act governs Orders of Protection. The Act protects "family or household members" and does not limit protection to women only.
Do I have to be related to the alleged abuser in order to obtain an Order of Protection?
No. A "family or household member" includes spouses, former spouses, parents, children, stepchildren, persons who have or allegedly have a child in common, persons who have or have had a dating or engagement relationship, and persons with disabilities.
Do I have to be physically hit to obtain an Order of Protection?
No. "Abuse" includes "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation." "Harassment" includes conduct such as bothering a person at home or at work, repeatedly calling a person at home or at work, following a person in public places, keeping a person under surveillance, or threatening physical violence on more than one occasion.
How long does an Emergency Order of Protection last?
An Emergency Order of Protection remains in force between 14 and 21 days, and is issued by the court without notice to the alleged abuser if there is a likelihood that more harm would come to the victim if notice were given to the abuser.
I was served with an Emergency Order of Protection. What are my rights?
An Emergency Order of Protection can be valid for only 21 days. The date the order expires is stated in the order of protection. You have the right to bring a motion to reopen and rehear the emergency order of protection on two days notice. Such a motion must be supported by an affidavit setting forth the reasons the emergency order of protection should be denied.
Besides an Emergency Order of Protection, what other types of orders of protection are there?
There are two types of orders of protection: an interim order and a plenary order of protection. The interim order can last for no more than 30 days. A plenary order of protection can last for no longer than two years. There are cases in which orders of protection are extended after the two year term, but this is unusual.
Can I obtain an order of protection against my boyfriend?
Yes. It is possible to obtain an order of protection against a boyfriend. There are certain requirements to obtain an order of protection defining the nature of the relationship between the potential parties in the order of protection proceedings. A key phrase in the Illinois Domestic Violence Act is “family or household member.” It is defined rather broadly and includes people who share or formerly shared a common dwelling, people who allegedly have a child in common, people who have had a dating relationship, etc.
Is it possible to obtain an award of temporary custody within domestic violence proceedings?
Yes. However, it is not possible to obtain an award of temporary legal custody as part of an emergency order of protection. It is important to note that the Illinois Domestic Violence Act provides that if the court finds that a party has committed abuse of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody would not be in the child's best interest.
Is it possible to obtain an order of protection on behalf of a child?
Yes. The Illinois Domestic Violence Act allows a party to obtain an order of protection “by any person on behalf of a minor child ... who has been abused by a family or household member and who, because of age ... cannot file the petition.”
CONTACT US:
The Olson Law Firm, LLC
312-629-9900
petero@olsonlawfirm.net
|
