Orders of Protection
Harassment, physical violence, intimidation, and emotional abuse are significant issues affecting family members, divorcing spouses, and adults in romantic relationships. Domestic violence is a crime. Gateville Law Firm helps people through the painful process of emergency and plenary orders of protection. An order of protection is a court order which restricts an abuser and is only available to family or household members.
Under Illinois law, family or household members are defined as:
- Family members related by blood
- People who are married or used to be married
- People who share or used to share a home, apartment, or other common dwelling
- People who have or allegedly have a child in common or a blood relationship through a child in common
- People who are dating or engaged, or used to date, including same sex couples
- People with disabilities and their personal assistants
An order of protection may:
- Prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation)
- Bar abuser from shared residence or bar abuser while using drugs or alcohol
- Order abuser to stay away from you and other persons protected by the order and/or bar abuser from your work, school, or other specific locations
- Require abuser to attend counseling
- Prohibit abuser from hiding a child from you or taking a child out of state
- Require abuser to appear in court or bring a child to court
- Give you temporary physical possession of children or give you temporary legal custody
- Specify visitation rights (if and when visitation is awarded)
- Bar abuser from accessing child’s records
- Give you certain personal property and require abuser to turn it over, or bar abuser from damaging, destroying or selling certain personal property
- Require abuser to pay you support for minor children living with you, require abuser to pay you for losses suffered from the abuse, require abuser to pay for your or your children’s shelter or counseling services
- Require abuser to turn weapons over to local law enforcement, if there is danger of illegal use against you
- Prohibit abuser from other actions
Emergency Orders of Protection
Emergency court orders are ex-parte. Ex-parte means that the alleged abuser did not have the opportunity to present their facts. However, a plenary order of protection is a hearing, which allows Defendants and Plaintiffs to present their facts and evidence. A plenary order of protection has serious consequences especially when children are involved. An emergency order of protection’s goal is to protect a person until there is a hearing date, otherwise known as a plenary hearing.
A plenary hearing is where both sides present evidence and a plenary order of protection is for up to two (2) years. Plenary orders are final orders. A plenary hearing enables Plaintiffs and Defendants to present their evidence and have a Judge determine the outcome.
If you or a family member need effective legal representation for an emergency order of protection, call us today. An emergency order of protection order is for up to twenty-one (21) days. Our law firm has the expertise needed to adequately represent you with regards to the order of protection hearings. Our attorneys are skilled at litigation and trials. We also are experienced at family and divorce proceedings, which are often combined when an order of protection is at issue.