If you are going through a divorce or are in a domestic dispute, you may feel threatened or in danger at some point. In the event this happens, you may need an order of protection, which is a court order that protects a family member from the actions of someone in their household. Orders of protection are valuable tools when used correctly. When seeking an order of protection, a skilled Illinois family law attorney can ensure that you receive the protections you need.
Orders of protection are sometimes requested during divorce proceedings, but they can also be filed separately, and they may even be part of a criminal action. The court will only grant an order of protection if there is substantial evidence of abuse. You need to compile as much proof as possible. This can include photos, e-mails, medical records, witness testimony, or electronic communications.
Who Can File for an Illinois Order of Protection?
An order of protection can be filed by someone who has been abused by a family member or someone who is a member of their household. It can also be filed by a third party on behalf of a minor or an adult who is unable to file on their own due to health, inaccessibility, age, or disability. Lastly, someone can file on behalf of a high-risk adult (someone with disabilities) who is the victim of abuse, neglect, or was exploited by a family member or member of the household.
The main thing to understand about orders of protection is that the courts take the restrictions very seriously. The person filing, or who is being filed on behalf of, must qualify as a family member or a household member.
Types of Orders in Illinois
There are three main types of orders of protection in Illinois — emergency, interim, and plenary. An emergency order will go into effect immediately and is valid for 21 days. An emergency order does not require the alleged abuser to be notified or even appear in court before the order takes effect. On the opposite end, plenary agreements are only issued after the alleged abuser has been notified and a hearing has been held, and these orders can be in effect for up to two years.
How Does a Restraining Order Differ from a Protective Order?
When most people talk about restraining orders, they are typically referring to an order of protection. An order of protection is specifically designed to prevent domestic abuse, whereas a restraining order is a court order that requires a party to take specific actions or prohibits them from taking specific actions.
Contact a Naperville Order of Protection Attorney
If you need assistance with obtaining an order of protection, it is imperative that you speak with a skilled DuPage County family law attorney as soon as possible. At Momkus LLC, we understand how emotionally difficult this process can be, and we will ensure that your rights are protected. We will also start helping gather evidence and working on the investigative process in order to build the strongest case possible. Contact our office today at 634-434-0400 to schedule an initial consultation.