Securing Protective Orders In Illinois
In Illinois, victims of domestic violence can use the law to obtain a court order of protection against their abusers. If you are suffering from family or household abuse, however, it can be challenging to navigate the legal system by yourself. Having a legal advocate by your side can help you receive the support and protection you deserve as promptly as possible.
Attorney Paul Chiligiris is here to help. Paul has practiced law for decades and is ready to put his family law experience to work for you. You can quickly reach Paul G. Chiligiris, Attorney at Law, online to share your concerns and find a way forward.
Please read on to learn about the steps involved in securing an order. Then, call 217-615-4053 to contact the Decatur office to arrange a meeting with Paul.
Qualifying For An Order Of Protection
Under the Illinois Domestic Violence Act, a person may seek an order of protection against a family or household member only. The terms “family” and “household member” are very broadly defined. It can include former spouses, persons who share or formerly shared a common residence, persons who have a child in common or even allegedly have a child in common, or persons who have or had a dating/engagement relationship.
Petitioning For Protection
In order to receive an order of protection, a party must complete a Petition for Order of Protection and have it filed with the court. The petition can ask for an Emergency Order of Protection, which is an order that is granted without notice to the other party. These Emergency Orders last for a very short period of time. In order to receive an Emergency Order of Protection, you must who that there is evidence of past abuse, harassment, neglect, or exploitation and that an emergency order is necessary to protect against further immediate abuse.
Extending Orders Of Protection
The cases are then set for what is called a “Plenary” hearing. Orders of protection can be extended for up to two years. In order to do this, the other party must have been served with the order of protection, given a chance to respond to the allegations in the petition for order of protection, and have been given an opportunity to have a hearing on the issues.
If, after a hearing, the court determines that by a preponderance of evidence there has been a showing of abuse, neglect, harassment or exploitation, the court can award one party an order of protection for up to two years. This means that the party with whom a protective order is served, cannot have contact as defined within the order with the petitioner for a period of time provided for by the order. The orders can be as varied as the people who receive them.