970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn

Answering Your Questions About Emergency Orders of Protection in Illinois

Posted on in Family Law

Crystal Lake order of protection lawyerProtection orders and restraining orders are court orders often used to protect domestic violence victims from further mistreatment. The state of Illinois takes accusations of abuse, stalking, and harassment very seriously. Individuals who are worried for their own safety or the safety of their children may be able to get an Emergency Order of Protection (EOP) on the same day on which it is requested.

Unfortunately, many people hesitate to seek protection through an EOP because they do not know how protection orders work or the benefits an order can provide. Read on to learn answers to the most frequently asked questions about Illinois Emergency Orders of Protection.

How Can an Emergency Order of Protection Help Me?

If you have been threatened, harassed, stalked, or abused, you may be unsure of whether getting a protection order will actually help your situation. EOPs are court orders that prohibit a person from certain actions or require certain actions.

An EOP may prohibit the abusive person from:

  • Remaining in your shared home
  • Coming near you and/or your children
  • Making threats against you or your loved ones
  • Physically abusing you
  • Following you
  • Going to your home, school, or workplace
  • Contacting you through phone, text, social media, or other avenues

The EOP may require the subject of the order to temporarily move out of your shared residence, surrender firearms, or attend counseling. The provisions of an EOP can be customized to meet the needs of the person requesting protection.

If the subject of a protection order violates any of the directions contained in the order, contact the police right away. Violating a protection order is a criminal offense. The person who violated the order is subject to immediate arrest.  

Who Qualifies for an Emergency Protection Order?

EOPs protect people who have been abused by family members, romantic partners, or household members, including:

  • Current boyfriends, girlfriends, or spouses
  • Ex-boyfriends, ex-girlfriends, or ex-spouses
  • Current or former household members such as roommates
  • Family members including family through blood relations and family through marriage

“Abuse” is broadly defined by Illinois law. In Illinois, abuse may include much more than physical violence. Stalking behaviors, threats, intimidation, psychological abuse, forced sexual contact, and other harmful acts are also considered abuse.

What Happens After the Protection Period Ends?

The Emergency Order of Protection lasts up to 21 days. However, this does not mean you will only be protected for 21 days. When the court issues an EOP, a hearing is set for a Plenary Order of Protection. This protection order lasts up to two years and can be renewed if needed.

Contact a Crystal Lake Emergency Protection Order Lawyer

If you or a loved one were abused, an EOP may provide the legal protection needed to prevent further abuse. The skilled McHenry County family law attorneys at Botto Gilbert Lancaster, PC can help you petition the court for an EOP or Plenary Order so you can feel safe again. Call 815-338-3838 for a free constitution.

 

Source:

https://icasa.org/uploads/documents/Publications/A-guide-to-illinois-protective-orders.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top