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Illinois Orders of Protection

Posted on in Family Law

Illinois orders of protection, Crystal Lake Family Law AttorneysRelationships sometimes take a turn for the worse when one spouse starts abusing the other. When there is abuse in the relationship, it is best for the couple to be separated, especially if there are children involved.

An abused spouse seeking a way to protect him or herself from domestic abuse can seek a civil order that would keep the abusive spouse away for a period of time.

Victims of domestic abuse can seek an order of protection by filing in civil court, asking for one as part of a divorce, or asking for one as part of a criminal case related to the abuse. Once an order of protection is granted, the protected person may call the police whenever the order of protection is violated. Despite the order's characterization as a civil order, there are criminal penalties for its violation.

A person can apply for an emergency, interim, or plenary order of protection. As the name suggests, the emergency order of protection is supposed to offer somewhat immediate relief to the petitioner. The emergency order of protection can be granted based on the petitioner's testimony alone, and usually lasts about 30 days. Interim orders of protection cover the time period between an emergency order expiring, and a more long term plenary order of protection being granted. Before granting a plenary order, a court typically hears both sides, and can order the plenary order to be in place for up to two years.

The group of people who can apply for an order of protection is quite broad based on the definition of domestic abuse. Illinois law defines domestic abuse as when a person hits, chokes, kicks, threatens, harasses, intimidates, or interferes with the personal liberty of another person to whom he or she is married, cohabiting, or shares a child. The definition also extends to other groups of people, including former spouses.

A person who has suffered domestic abuse can seek an order of protection to prohibit the abuser from returning to a residence shared with the victim, approaching or making contact with the victim or any children the couple has together, and taking the children out of state, and may even compel an abuser to return any property belonging to the victim. If a victim knows that an abuser has weapons, even legally possessed ones, he or she can seek an order of protection that compels the abuser to hand in the weapons to law enforcement officials if there is a reasonable fear that such weapons may be used against the victim.

Let Us Assist You

If you have suffered domestic abuse and would like to have some legal protection from your spouse or significant other, you can do so by contacting the experienced and compassionate Crystal Lake family law attorneys at our law firm who can assist you in filing for an order of protection.

Sources:

http://www.illinoisattorneygeneral.gov/consumers/brochures/DVBrochure.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

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