Emergency Orders of Protection in Illinois

 Posted on November 28, 2017 in Domestic Violence

Sadly, domestic violence remains a serious problem in this country. According to the National Coalition Against Domestic Violence, approximately 20 men and women per minute are physically abused by an intimate partner in the United States. More than 10 million people are victims of domestic abuse each year, and nearly 20 million women and 5 million men have been victims of stalking and other forms of harassment.

Domestic violence can be physical, psychological, emotional, financial, or sexual. Because many victims try to justify their abuser's actions, or assume that their behavior will improve, they do not report the abuse. This is especially dangerous because domestic violence situations frequently escalate. To combat this abuse, all 50 states have laws that allow for some form of protective order, sometimes called a restraining order. While orders of protection cannot physically stop an abuser from contacting or touching you, they do promise serious consequences for perpetrators who choose to violate the terms set forth in such orders.

How Can an Emergency Order of Protection Help?

An emergency order of protection is a short-term protective order that can be issued by a judge based on the sworn testimony of a victim or a potential victim. The judge will issue the order if he or she believes that the victim is in danger of abuse or continued abuse. While such orders may coincide with an abuser being arrested for domestic battery or other related crimes, an arrest is not requirement for an emergency order.

Emergency orders of protection in Illinois may last for up to 21 days. This allows the victim time to obtain a longer-term protection order while still being protected from further abuse. The primary benefit of an emergency protection order is that it goes into effect immediately. An emergency order can also:

• Grant temporary custody of children to the victim;
• Restrain the abuser from contacting or communicating with the victim or from further acts of abuse or violence;
• Require the abuser to stay a certain distance away from the victim or from the victim’s residence, home, or school;
• Restrain the abuser from entering onto the property or damaging the property of the victim; and
• Prevent the offender from contacting the victim’s children or from coming within a certain distance from the children.

Additionally, a judge can add other provisions to the emergency protective order if they are needed in the victim’s circumstances. For example, the judge may prohibit an abuser from contacting the victim’s extended family members.

Let Us Help

The knowledgeable professionals at Pesce Law Group, P.C. are experienced and compassionate. If you are a victim of domestic violence, or you fear that you may become a victim, we can help. Contact an experienced DuPage County domestic violence attorney to discuss your available options. Call 630-352-2240 for a confidential consultation.

Sources:

https://ncadv.org/statistics

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100