Domestic Violence Orders of Protection in Illinois

 Posted on May 31, 2018 in Domestic Violence & Orders of Protection

In the state of Illinois, domestic violence is defined as any act of physical abuse, harassment, intimidation, interference of personal liberty, or willful deprivation carried out against a family or household member. Domestic violence is a serious crime that can affect the physical and emotional well-being of victims. One defense that domestic violence victims have is orders of protection. If you’ve been accused of domestic violence and have received an order of protection against you, it is important for you to understand what you can and cannot do and the consequences if you break the order of protection.

What Is an Order of Protection?

According to the Illinois State Police, an order of protection is a legal order, given by a judge, that helps to protect victims of domestic violence. Orders of protection can order an abuser to take certain actions or to forbid them from taking certain actions. In Illinois, there are three types of orders of protection: emergency orders, interim orders, and plenary orders.

What Can an Order of Protection Do?

An order of protection can tell an abuser what they can or cannot do. In Illinois, these things are called remedies. The types of remedies that orders of protections can state are:

• Prohibition of abuse, neglect or exploitation;
• Grant of exclusive possession of residence;
• Stay away orders;
• Counseling;
• Physical care and possession of minor child;
• Temporary allocation of parental responsibilities;
• Parenting time;
• Removal or concealment of a minor child;
• Order to appear;
• Possession of personal property;
• Protection of property;
• Protection of animals;
• Order for payment of support;
• Order for payment of losses;
• Prohibition of entry;
• Prohibition of firearm possession;
• Prohibition of access to records; and
• Order for injunctive relief.

Emergency Orders of Protection

These types of orders are issued upon finding the victim has been abused by a family or household member. These orders are usually temporary and cannot include the counseling, legal custody, payment of support, or monetary compensation remedies. Emergency orders go into effect as soon as the judge approves it and is used to immediately protect the victim. These orders are in effect from anywhere between 14 and 21 days.

Interim Orders of Protection

An interim order of protection is an order that lasts for 30 days and is used after a respondent has been served. An interim order, like an emergency order, cannot include counseling, legal custody, payment of support, or monetary compensation remedies. If respondents attend the hearing, they can file a general appearance and testify. The hearing for an interim order of protection can result in a plenary order of protection.

Plenary Order of Protection

To receive this type of order of protection, both the petitioner and the respondent are called to the hearing. The petitioner, who is the person asking for the order, must be present in the hearing, but the respondent can choose not to show up. This type of order is a more permanent solution to the abuse that the petitioner was enduring. These orders can last up to two years and can contain sections detailing provisions about any of the remedies listed above.

Contact a Rolling Meadows Domestic Violence Defense Attorney

Domestic violence charges can be stressful and take an emotional toll on the accused, especially if you are not guilty. Orders of protection can infringe on your rights and prevent you from living your life like you deserve. If you have been charged with domestic violence charges, you need the help of an experienced domestic violence defense attorney. Contact Scott F. Anderson, Attorney at Law to share your side of the story and receive the representation you deserve. Call 847-253-3400 to schedule a consultation.

Sources:

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

http://www.isp.state.il.us/crime/domesticviol.cfm