order of protection
Order of Protection Attorney in Southern Illinois
orders of protection help protect you from abuse
Domestic violence is an unfortunate reality of life. Fortunately, in Illinois, victims of domestic violence can rely on the Domestic Violence Act to help them obtain an order of protection against someone who would harm them. Orders of protection require your abuser to stay away from you and cease all abuse. They also provide other forms of protection.
Qualifying for an Order of Protection in Illinois
To qualify for an order of protection, you and your abuser must have a certain type of relationship. This includes the following types of relationships:
- Family related by blood
- Married or divorced
- Share or used to share a residence
- Have or allegedly have a child in common
- Had a romantic relationship (dating, engaged, or used to date)
- Disabled people and their personal assistants
Once you get an order of protection, your abuser is required to stay away from you. The Act also provides additional rights and protections. This includes:
- Stopping all threats and abuse, whether physical or emotional
- Preventing access to a shared residence or limiting that access to certain conditions
- Requiring the abuser to attend counseling
- Preventing the abuser from trying to hide a child from you or from removing the child from Illinois
- Requiring court appearances, including bring a child to court
- Providing temporary physical and/or legal custody of a child
- Requiring the abuser to hand over personal property
- Stopping the abuser from damaging or selling personal property
- Requiring the abuser to pay child support
- Requiring the abuser to pay for losses you suffered due to the abuse
- Requiring the abuser to pay for shelter or counseling services
- Requiring Abuser to hand over weapons to law enforcement
- Other actions as the court deems necessary
Types of Protection Orders
There are three types of orders of protection. The difference between these orders is how quickly they are granted and how long they last.
- Emergency order of Protection is a temporary order that only occurs if the victim is at great risk of serious harm. In order to obtain an emergency order, your lawyer has an ex parte or private hearing with the judge. Your abuser does not necessarily know about this hearing because of its emergent nature. These orders last between 14 and 21 days.
- Interim Order of Protection is a temporary order that lasts up to 30 days. These orders are provided after the respondent (your abuser) has been served or attempts have been made to serve them, but before the full hearing takes place.
- Plenary Order of Protection is the permanent order that stays in place for up to 2 years. These orders follow a full hearing about the abuse you are suffering.
Orders of Protection Allow Police to Arrest Your Abuser for Violations
Once you have an order or protection, if your abuser violates it, the police may arrest the abuser. An initial conviction can lead to jail for up to 364 days. The penalties increase if the abuser continues to violate the order. This is in addition to punishment for any other crimes your abuser may commit against you.
Contact Rebecca for Help
Rebecca has experience helping abuse victims escape from dangerous situations. If you need help protecting yourself from your abuser, contact Rebecca today. She will help you determine if you qualify for an order of protection, will explain the process to you, and when applicable, file the paperwork to help you get the protection you need.