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Who Can Get an Order of Protection in Illinois?

 Posted on October 19, 2021 in Family Law

Kane County Family Law AttorneyA lot of people in Illinois seek divorce because their marriage has become unsafe as a result of domestic violence or abuse. Any family, regardless of social or economic status, can be affected by violence in the home. As your divorce is processing, an Order of Protection can help keep you and your children safe. An order of protection forces the abuser to leave your home and not harm, or in some cases, even contact you. So who can get this order? If you need an order of protection in Illinois to keep you safe while you divorce your abuser, it may be wise to contact a qualified attorney for help. 

What Are the Requirements to Get an Order of Protection? 

There are two main requirements to get an Illinois Order of Protection. First, you must be a “family or household member” of the person you need the order to protect you from. Fortunately, this definition is pretty broad in Illinois. You do not even need to have been married to the abuser. “Family and household members” include: 

  • Couples - Spouses, former spouses, as well as couples who are dating or were dating can file. 

  • Co-parents - Whether or not they ever cohabited, people who have a child in common can seek an order of protection. 

  • Family Members - This is a broad category including anyone who is related by blood or marriage, including previous marriage. 

  • Household Members - This is another broad category that includes anyone who lives or recently lived together. 

The second requirement is that the respondent abused you. This is another broad category, not strictly limited to physical violence. “Abuse” includes: 

  • Physical Abuse - This includes not just common acts of abuse like hitting or pushing, but also threatening you with a weapon, using physical restraint or confinement, depriving you of sleep, or forcing you to engage in sexual activity. 

  • Harassment - Harassment is when the abuser does something that was not necessary to accomplish any reasonable purpose, but does cause you to reasonably suffer emotional distress. This is slightly vague, but includes actions like standing around outside your home, creating a disturbance at your workplace, or repeatedly calling just to annoy or scare you. It also includes threatening to hide your children from you. 

  • Interference With Personal Liberty - This category mostly involves making threats in order to control you. It can include behaviors typical of domestic abusers like isolating you from your friends and family.

In general - if it looks and feels like abuse, it will probably fit under this category.

Contact an Illinois Attorney for Orders of Protection

If you are threatened by domestic violence or abuse, your safety is the most important priority. When it is safe to do so, contact a Geneva Order of Protection lawyer so we can help you file. Call Serrano Hanson at 630-844-8781 for a confidential and safe consultation. 




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