In Illinois, protective orders (also known as restraining orders) are legal tools designed to protect victims of domestic violence, sexual assault, and stalking. There are three types of protective orders: emergency, interim, and plenary. Victims can obtain a protective order by filing a petition with the court, which will then hold a hearing to determine whether to grant the order. Violating a protective order can result in criminal penalties and civil contempt charges.
Orders of Protection: Definitions, Requirements, and Obtaining or Defending
Types of Protective Orders:
1. Emergency Order of Protection: A short-term order issued without notice to the abuser when the victim is in immediate danger. It can last up to 21 days.
2. Interim Order of Protection: An order issued with notice to the abuser, lasting up to 30 days. It is issued when there is insufficient time for a full hearing.
3. Plenary Order of Protection: A long-term order lasting up to two years, issued after a full hearing where both parties can present evidence and testimony.
Eligibility Requirements:
To obtain a protective order in Illinois, the victim must have a specific relationship with the abuser, such as:
- Family members
- Household members
- Individuals with a child in common
- Individuals in a dating or engagement relationship
- Individuals with disabilities and their personal assistants
Obtaining a Protective Order:
1. File a petition with the court, alleging abuse and providing specific details.
2. Attend a hearing where the court will determine whether to grant the order.
3. If granted, the order will specify terms such as prohibiting contact or granting temporary custody of children.
Defending Against a Protective Order:
1. Respond to the petition and attend the hearing.
2. Present evidence and testimony to challenge the allegations of abuse.
3. If the order is granted, follow its terms and consider appealing if there are legal grounds to do so.
Legal Process for Order of Protection Representation
A lawyer representing a client seeking an order of protection or defending against one will typically follow this process:
1. Initial consultation: The lawyer will meet with the client to discuss the abuse, gather facts, and explain the legal process and potential outcomes.
2. Petition preparation (for victims): The lawyer will assist the client in drafting a petition that clearly and accurately describes the abuse and the relief sought.
3. Response preparation (for alleged abusers): The lawyer will review the petition and help the client prepare a response that addresses the allegations and presents any defenses or mitigating factors.
4. Evidence gathering: The lawyer will collect relevant evidence, such as police reports, medical records, witness statements, and photographs, to support the client's case.
5. Hearing preparation: The lawyer will prepare the client and any witnesses for the hearing, reviewing potential questions and testimony.
6. Representation at the hearing: The lawyer will present the client's case, cross-examine the other party and their witnesses, and argue for the desired outcome.
7. Order enforcement (for victims): If the protective order is granted, the lawyer will ensure that it is properly entered into the statewide database and assist the client in enforcing it if necessary.
8. Appeal (if applicable): If there are legal grounds to challenge the court's decision, the lawyer may advise the client on the appeals process and represent them in the appellate court.
Throughout the process, the lawyer will provide legal advice, advocate for the client's rights and interests, and work to ensure their safety and well-being.
