Steps for Getting an Order of Protection in Chicago, IL
An Order of Protection is a civil order that prevents someone from doing something, which is why protection orders are also known as restraining orders. Generally, protection orders “restrain” offenders from continuing to subject victims to acts of domestic violence. They may be obtained in civil court, through divorce proceedings, or in a criminal proceeding.
Who Can Apply for a Protection Order in Illinois?
A protection order can be issued for family and household members who are the victims of domestic violence. Family and household members include:
- People who share a home or common dwellings
- Family members related by blood
- Spouses and former spouses
- People who share a child together or a blood relationship through a child
- Individuals with disabilities and their personal assistants
- People who are engaged, dating, or were formerly in an intimate relationship
Under the Illinois Domestic Violence Act, abuse includes physical abuse and forcing someone to do or say something against their will. Abuse also includes harassment.
Steps for Obtaining a Protection Order in Chicago, IL
The general steps for obtaining a protection order through the court are:
File a Petition With the Court
Prepare and file a petition with the Domestic Violence Division in the Circuit Court. The court has statewide forms for orders of protection. The petition must include sufficient details of the abuse or harassment that would justify an order of protection.
If you request an emergency order of protection, you must convince the judge that you are in imminent danger of harm if the court does not take immediate action. Attaching copies of police reports, photographs of injuries, eyewitness affidavits, medical records, and other information may be necessary.
Hiring an experienced Chicago domestic violence lawyer to handle the matter is also a wise choice if you are in imminent danger of harm.
Issuing a Protection Order
The court schedules a hearing to review your petition. Judges may grant Emergency Orders of Protection for up to 21 days. These orders are granted immediately without notifying the alleged offender. However, the court must find that you are in an immediate threat of abuse or harm to issue an emergency order.
A hearing must be held within 21 days of an emergency order. The court may grant an Interim Order of Protection to extend the time for an additional 30 days if a hearing cannot be held within 21 days.
Final Hearing
The court schedules a final hearing. Both parties appear at the hearing to present evidence supporting their arguments for or against a restraining order. After hearing the evidence, the judge decides whether to issue a Plenary Order of Protection. A final restraining order can remain in effect for up to two years.
What Does an Order of Protection Do for a Victim?
An Order of Protection prohibits the respondent (i.e., the abuser) from taking specific actions to abuse or harass the petitioner (i.e., the victim). Examples of terms in an Order of Protection include:
- Give exclusive possession of the residence to the petitioner
- Prohibit the respondent from taking any further actions to abuse, threaten, or harass the petitioner
- Require the respondent to attend counseling and treatment classes
- Prohibit the respondent from contacting the petitioner
- Award temporary child custody to the petitioner
- Determine a visitation schedule for the respondent
- Prohibit the respondent from entering the petitioner’s employment or school
- Order the respondent to pay legal costs, child support, and/or medical expenses
- Forbid the respondent from taking and/or destroying property
You should keep a copy of the Restraining Order in your vehicle and with you wherever you go. Call the police if you need to report a violation of the order. Having a copy of the order with you allows you to show the police you have an Order of Protection prohibiting the abuser’s conduct.
Keep a detailed log of all violations of the Order of Protection with copies of police reports. Provide the information to your attorney. This information could be very important in a family court case.
Take Steps to Protect Yourself
An Order of Protection can be effective in deterring an abuser from taking further steps to harass or abuse you. However, you may need to take further steps to ensure your safety. For example, change the locks on your doors and install deadbolts. Install surveillance equipment and alarms at your home.
You may want to change your telephone numbers and obtain a post office box for mail. It can also help change your routines and routes, including shopping at different stores. If you continue to feel unsafe, speak with your attorney and law enforcement about further actions you can take to protect yourself.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
To learn more and get the help you deserve, call our family lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068