Receiving an Order of Protection if You Are a Victim of Abuse

 Posted on November 01, 2018 in Domestic Abuse

Realizing that you are in an abusive relationship often takes much longer than many people expect. Due to the emotional ties and feelings of obligation that people in such relationships often experience, they may deny that abuse is occurring. In addition to enduring abuse, victims often struggle to gather the courage and strength to break ties with their abuser. For some, ending an abusive relationship is not only emotionally difficult, but it can also be physically dangerous. In these cases, a victim may be able to protect their safety by obtaining an order of protection.

Orders of Protection in Illinois

An order of protection is what many people commonly call a restraining order. While a restraining order may be obtained to protect against an abusive spouse or partner, these types of orders are not limited solely to those who are romantically involved. An order of protection can be obtained against the following people:

• Anyone you are related to by blood or through marriage.
• Those who you are tied to through having a child together.
• Someone you are seeing romantically or have dated in the past.
• A person acting violently or threatening to act violently towards one of your employees while at work.

If a judge approves the order of protection, this can mean multiple things for the accused. The judge can order the abuser to stop abusive acts, not contact you, physically stay away from you, attend counseling, pay child support, and/or move out of the home you share. Because not all of these stipulations apply to every abusive relationship, the details of an order of protection can vary based on the situation. 

There are three different types of orders of protection in Illinois:

• Emergency Order of Protection: This order of protection is issued the day it is requested to grant immediate protection for those who need it. An emergency order of protection has a span of 14 to 21 days, but an additional emergency restraining order can be granted again after its expiration.
• Interim Order of Protection: An interim order of protection is given to those who have been served multiple times. This order lasts up to 30 days to give the victim of abuse a longer amount of protection until a hearing can be held.
• Plenary Order of Protection: A plenary order can last up to two years. This type of order is only granted after the accused has been served by a sheriff and a court hearing has been held to determine whether long-term protection is needed.

Contact a DuPage County Order of Protection Attorney

Gaining the courage to file an order of protection can be a step in the right direction if you are in an abusive relationship, allowing you to protect your mental, emotional, and physical health. At Kathryn L. Harry & Associates, P.C., we understand that taking these measures can be a difficult decision, and our lawyers help take the legal stress off of your shoulders. If you or a loved one are experiencing abuse and believe that an order of protection will put you at ease, schedule a free consultation with our Oak Brook family law attorneys by calling 630-472-9700.

Sources: https://ou.monmouthcollege.edu/_resources/pdf/life/Order-of-Protection-Information.pdf