To obtain a protective order in Illinois, you must file a petition with the court, after which an emergency hearing can be scheduled to address immediate concerns.
Understanding Protective Orders in Illinois
A protective order, also known as an order of protection, is a legal tool designed to safeguard individuals from abuse, harassment, or threats. It can include provisions for personal safety, child custody, and exclusive use of shared property. Illinois courts take these petitions seriously and act quickly to address situations involving immediate danger.
Legal Context for Protective Orders in Illinois
Under the Illinois Domestic Violence Act (750 ILCS 60), protective orders are available to individuals facing domestic violence or abuse. The law defines domestic violence broadly to include physical abuse, harassment, intimidation, and interference with personal liberty.
Types of Protective Orders:
- Emergency Order of Protection (EOP):
- Can be granted immediately without notifying the other party.
- Lasts up to 21 days until a full hearing is held.
- Interim Order of Protection:
- Issued between the emergency and plenary orders when the respondent has been notified but a full hearing has not yet occurred.
- Plenary Order of Protection:
- Granted after a full hearing and may last up to two years, with the possibility of extension.
What a Protective Order Can Do:
- Prohibit the abuser from contacting or approaching you.
- Grant exclusive possession of the shared home.
- Award temporary custody of children.
- Require the abuser to surrender firearms.
Steps to Obtain a Protective Order
- File a Petition:
Visit your local courthouse and file a petition for an order of protection, outlining the abuse or threats you have experienced. - Attend the Emergency Hearing:
An emergency hearing may be scheduled immediately or within a day. You do not need to notify the other party for this hearing. - Provide Evidence:
Present documentation, such as police reports, medical records, or witness statements, to support your case. - Serve the Respondent:
The court will arrange for the respondent to be served with notice of the protective order. - Attend the Plenary Hearing:
A full hearing will be scheduled to determine if a long-term protective order is necessary.
How Attorneys Can Help
An experienced family law attorney can:
- Guide you through the process of filing a petition for a protective order.
- Help you gather and present evidence to strengthen your case.
- Represent you during court hearings to advocate for your safety.
- Assist with enforcement or modifications of the order if needed.
Need Help Obtaining a Protective Order?
Call (630) 366-1760 to consult with a compassionate family law attorney. We’ll help you secure a protective order and take steps to ensure your safety.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
