Understanding Orders of Protection in Illinois

 Posted on August 28, 2024 in Family Law

Navigating the legal system can be challenging, particularly when it comes to matters concerning personal safety and well-being. In Illinois, an order of protection is a vital tool designed to help people who are victims of domestic violence or harassment. If you live in Illinois and are interested in learning more about how an order protection can keep you safe, contact an attorney.

How Are Orders of Protection Defined in Illinois?

An order of protection is a legal document issued by a court that prohibits a person from committing acts of violence or harassment against another individual. These orders are most commonly sought in situations involving domestic violence, stalking, or harassment, offering victims a level of security and protection from their abuser.

Types of Orders of Protection in Illinois

Illinois features three main types of order of protection:

• Emergency orders of protection (EOP) – These can be obtained quickly, often on the same day, to provide immediate safety. EOPs are temporary and typically last for 21 days.

• Interim orders of protection – These are issued after the initial EOP and remain in effect until a court hearing can be held. They offer ongoing protection while ensuring both parties have the chance to present their cases.

• Plenary orders of protection – These are more permanent orders that can last for up to two years (or longer under certain circumstances) and are granted following a full court hearing where both parties present evidence.

Common Issues Addressed in Orders of Protection

Orders of protection can address various issues to ensure the safety and well-being of the protected person. Common issues include:

• Prevention of abuse or harassment – The primary purpose is to prevent any form of physical violence, threats, or stalking. The order clearly states that the abuser cannot engage in these behaviors.

• Residence exclusion – An order may require the abuser to leave the shared residence, providing the victim with a safe living environment.

• Child custody and visitation– In situations involving children, orders can outline temporary custody arrangements and visitation rules to ensure the children’s safety.

Seeking an Order of Protection

If you believe you need an order of protection, it is crucial to consult with a qualified attorney who works in family law. He or she will guide you through the orders of protection process, help you gather relevant evidence, and ensure your rights are always protected.

Contact Our Kane County, IL Family Law Attorney

Understanding the types of orders available and the common issues they address is the first step in securing the protection you need and deserve. If you find yourself in this situation, do not hesitate to contact the Geneva, IL family lawyers with Serrano Hanson. Call 630-844-8781 for a private consultation.