Orders of Protection: Legal Protection From Domestic Violence

 Posted on December 14, 2015 in Domestic Violence

You should not live in fear of another person. If you are divorcing or separating from your partner and he or she is harassing or abusing you, you may be able to request an order of protection to protect yourself from further harm.

An order of protection provides a set of rules detailing how an individual can interact with the individual who requested the order. It is against the law for the other person to violate the order. If you are living with abuse, you should not hesitate to contact an experienced attorney for help with your situation.

Types of Orders of Protection

Under the Illinois Domestic Violence Act, there are three different types of protection orders available to domestic violence victims:

• Plenary Order of Protection: This order can be granted after the victim and his/her alleged abuser have appeared in court to present their cases to a judge. Plenary orders are generally long term and can be valid for up to two years;
• Emergency Order of Protection: The abuser does not have to be present for a court to issue the order. If a court finds a victim is in danger of domestic violence, then the court may issue an emergency protection order; and
• Interim Order of Protection: This order is issued after an emergency order and before a plenary order. It provides the victim the same type of protection that the other orders provide for the period of time between the victim’s access to the other two types of orders.

How to Obtain an Order of Protection

Victims can file for an order of protection in the county where they live, the country where the abuser lives, the county where the abuse occurred, or in the victim's current location. A request for an order should be filed with the clerk of the circuit court for the county.

How Does a Protection Order Help?

Orders of protection help you escape the harassment or abuse you are experiencing. Depending on the circumstances, you may be able to prevent the abuser from contacting you and he or she may be forced to give up any firearms owned. If you are divorcing a spouse, a protective order may be used as evidence to support a request for full custody of your children.

Seek an Attorney for the Help You Need

You do not have to live in fear. If you feel you need to request an order of protection from your spouse or any other member of your household, contact the DuPage County domestic violence lawyers at Davi Law Group, LLC to learn more about what you can do to protect you and your family. Please contact us today and let us help you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59