What Types of Protective Orders Are Available in Illinois?

 Posted on December 24,2020 in Domestic Violence

Domestic violence and intimate partner abuse are not uncommon in the United States. Unfortunately, some evidence suggests that lockdowns intended to slow the spread of COVID-19 may be leading to an increase in domestic violence. Experts say that isolation brought on by the lockdowns can increase the chances of physical, emotional, mental, sexual, or financial abuse between romantic partners. If you have been a victim of domestic violence or abuse in Illinois, you should know that there are legal tools at your disposal that may help you get out of the abusive situation.  

Emergency Order of Protection

In Illinois, an Emergency Order of Protection (EOP) may help a victim of domestic violence leave an abusive situation. The EOP can be obtained at the petitioners local courthouse. This protective order is intended to provide immediate legal protection to a victim of abuse, stalking, or threats of violence. You may obtain an EOP without personally notifying the individual from whom you are seeking protection. The EOP may contain several different provisions depending on the petitioner’s needs. The EOP may:

• Prohibit the respondent, or subject of the order, from coming within a certain distance of the petitioner or the petitioner’s children

• Prohibit the respondent from calling, texting, or otherwise communicating with the petitioner

• Prohibit the respondent from going to the petitioner’s home or workplace

• Temporarily grant custody of children to the petitioner

• Force the respondent to move out of his or her home

If a respondent violates any of the terms of the protective order, the petitioner should call the police. The respondent will face immediate arrest and may also be charged with a criminal offense for violating the order.

Plenary Order of Protection

An EOP lasts up to 21 days. When a judge grants an EOP, a hearing date for a plenary order of protection is also scheduled. If the petitioner requires further protection after the EOP has expired, he or she will need to attend a hearing and explain his or her reasons for seeking a longer-lasting plenary order of protection. A plenary order of protection lasts up to two years. If the petitioner requires protection between the expiration of the EOP and the beginning of the plenary order, an interim order of protection may be issued.

Contact a Naperville Family Law Attorney

If you have been a victim of domestic violence, a DuPage County domestic violence lawyer from Pesce Law Group, P.C. can help you petition the court for a protective order. Our experienced team can also assist with child custody issues, divorce, and other family law needs. Call 630-352-2240 today and schedule your free confidential consultation.  

Sources:

https://www.webmd.com/lung/news/20200818/radiology-study-suggests-horrifying-rise-in-domestic-violence-during-pandemic#1