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Orders of Protection

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Orders of Protection

Orders of Protection in Illinois

An Order of Protection is a court order that restricts an abusive person from continuing their harmful behavior. This order is requested by a petitioner, the person seeking protection, against a respondent, the person accused of abuse. It can prohibit the respondent from contacting or coming near you, your children, or other household members. The primary goal is to stop abuse and provide immediate safety, giving you peace of mind while you take steps toward a more secure future.

If you are feeling unsafe in your home or a relationship, SLG Family Law is ready to provide the compassion and strong advocacy you need to obtain a protective order. 

When Should You Request an Order of Protection?

You should request an Order of Protection if you have experienced abuse from a family or household member. The Illinois Domestic Violence Act has a broad definition of abuse to cover various harmful situations. You may be warranted in seeking an order if you have been subjected to any of the following:

  • Physical Abuse: This includes any form of physical harm, such as hitting, kicking, or pushing.
  • Harassment: This involves repeated, unwanted contact that causes you emotional distress. Examples are incessant phone calls, stalking, or threatening messages.
  • Interference with Personal Liberty: This is when someone prevents you from doing something you have a right to do, like leaving your home or going to work.
  • Intimidation of a Dependent: This occurs when someone threatens a person who depends on you to make you do something against your will.
  • Willful Deprivation: This form of abuse involves denying a person necessities like medication, food, or shelter, and it often affects elderly or disabled individuals.

What Do You Have to Prove to Get an Order of Protection?

To get an Order of Protection, a petitioner must prove three things to the court. First, you must show that you and the respondent are “family or household members.” This includes spouses, former spouses, parents, children, people related by blood or marriage, individuals who live or have lived together, people who have a child in common, and individuals in a dating relationship. Second, you must prove that “abuse,” as defined by the law, has occurred. Finally, you need to file the case in a court that has jurisdiction, typically in the county where you or the respondent lives.

There are three types of orders, each serving a different purpose:

  1. Emergency Orders of Protection: Granted for a short period without the respondent present if there is an immediate risk of harm.
  2. Interim Orders of Protection: These orders can cover the period between the initial and final hearings in a family legal matter.
  3. Plenary Orders of Protection: These are final orders, which can last up to two years, entered after a full hearing where both sides present their case.

How Can an Attorney Help You Seek an Order of Protection?

An attorney can be a crucial ally when you are seeking or defending against an Order of Protection. They provide clear guidance on your rights and help you gather the necessary evidence to build a strong case. Your attorney will handle filing all the legal paperwork correctly and on time, which is vital in these sensitive matters. They will also represent you in court, presenting your story and evidence effectively to a judge. Having a compassionate legal advocate by your side can make a significant difference in the outcome and help you feel more confident.

You Deserve to Feel Safe

At SLG Family Law, you’ll find attorneys who understand both the urgency and the emotional weight of what you’re going through. We are here to listen, to guide you through each step, and to pursue the protection you need with clarity, compassion, and determination.

You don’t have to face this alone. Contact us today to speak with an attorney who will stand unwaveringly by your side.

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