The Best Illinois Order of Protection Attorneys

Defining Domestic Violence in Illinois

Domestic violence is defined under the Illinois Domestic Violence Act (750 ILCS 60/) as when a family or household member commits an act of violence against another family or household member. In Illinois, domestic violence is “any physical or mental abuse, harassment, stalking, or sexual assault between family or household members.”

This definition includes various abusive behaviors, from physical violence to emotional manipulation. domestic violence can have severe consequences for victims, including physical and emotional injuries, financial insecurity, and even death. If you are experiencing domestic violence, it is crucial to seek help from a trusted friend or advocate.

Our family law firm has extensive experience dealing with order of protection cases in family law matters. We see these cases in multiple areas of family law including the divorce process and child custody matters. When children are involved, the court will often appoint a guardian ad litem, an independent family law lawyer who acts on behalf of the children within the case. The guardian ad litem will work

Many legal protections are also available to domestic violence victims in Illinois, including orders of protection and safe housing options. domestic violence is a severe problem, but help is available if you need it.

What is the definition of a Family or Household Member?

In the context of domestic violence, a family or household member is defined as a spouse, former spouse, co-parent, or domestic partner. This also includes a person with whom the victim shares a child, a blood relationship, or an adoption.

Under the Illinois Domestic Violence Act, the definition of domestic violence also includes persons who are currently or have previously been involved in a dating relationship. This can be either opposite-sex or same-sex couples.

Finally, domestic violence can also occur between two people who are not romantically involved but share a common domestic living space, such as roommates or family members.

If you have been a victim of domestic violence, it is vital to seek help from a qualified domestic violence counselor or attorney. You should also consider filing a restraining order to protect yourself and your family from further harm.

Family Law Matters, Probate Cases, or Domestic Violence: Orders of Protection Are Used In Many Courts

Order of Protection petitions are not just filed in the domestic violence divisions of Illinois courts, they are also available in cases involving divorce and custody matters, probate matters involving guardianship, and domestic violence matters on their own.

What are the Two Types of Orders of Protection?

Emergency Order of Protection

An Emergency Order of Protection (E.O.P.) is a legal order issued by the court to protect a victim of domestic violence from their abuser. Emergency orders of protection are temporary orders typically issued without notice to the abuser and are often used in cases where there is a risk of further abuse or harm if the abuser is not immediately stopped.

The order can include various provisions such as prohibiting the abuser from contacting or going near the victim, ordering the abuser to vacate the home, or giving the victim temporary custody of the children.

The order is typically only in effect for a short period, usually up to 21 days, until a hearing can be held to determine if a more permanent order is necessary. If you are a victim of domestic violence in Illinois, you can contact your local police department or state's attorney's office to request an emergency protection order.

Plenary Order of Protection

In Illinois, a plenary order of protection is a court order that offers the widest possible protection from abuse. The order can be issued against a family or household member who has committed an act of domestic violence, or against anyone else with whom the victim has had a sexual or intimate relationship.

If the abuser violates the order, he or she can be arrested and charged with a crime. Plenary orders of protection are typically reserved for cases in which the victim fears for his or her safety, which can remain in effect for up to two years. victims of domestic violence should always consult with an attorney to determine whether a plenary order of protection suits their situation.

What is the difference between a civil and criminal order of protection?

Orders of protection in Illinois can either be civil or criminal. Criminal orders of protection are obtained through the police department or state's attorney's office, while civil orders are obtained through the circuit court.

Civil orders are typically used when the victim and offender know each other, such as in domestic violence cases.

Criminal orders are typically used when the victim and offender do not know each other, such as in stalking or harassment cases or when there is police involvement whereby one party was taken to jail or charged with a crime.

Civil Remedies In Order of Protection Cases

There are several remedies under Orders of Protection in Illinois Domestic Violence cases. They are all outlined under 750 ILCS 60/214.

No Contact Order

In Illinois, a No Contact Order is issued when there is reason to believe someone has been abused, harassed, or stalked. This order prohibits the offender from contacting the victim through phone calls, text messages, emails, and in-person visits.

No contact orders can also prohibit the offender from going to certain places, such as the victim's home or workplace. If the offender violates the terms of the order, they can be arrested and charged with a crime. No contact orders are typically issued for six months to two years, but they can be extended if necessary.

No Stalking Order

A no-stalking order of protection is a legal order issued by a judge that requires the person accused of stalking to stop all forms of contact with the victim. This order can be issued even if there is no previous relationship between the two individuals.

To obtain this type of order, the victim must first file a petition with the court, which a judge will then review. If the judge finds enough evidence to support the allegations of stalking, he or she will issue the no stalking no contact order which can combine two remedies for the victim who is at risk.

The order can be in effect for up to two years and can be renewed if necessary. Violating a no-stalking order of protection is a criminal offense and can result in jail time and/or a fine. If you are accused of stalking, it is important to seek legal assistance as soon as possible. An experienced attorney can help you navigate the legal system and protect your rights.

No Unlawful Contact Order

A No Unlawful Contact Order is a civil order obtained through the Illinois circuit court. The order is designed to protect the victim from further abuse or harassment by the accused. The order can also include child custody, visitation, and support provisions.

If the victim resides in the same household as the accused, the order can also require the accused to move out of the home. A No Unlawful Contact order of protection is a serious matter, and violation of the order can result in criminal charges.

If you have been served with a No Unlawful Contact order of protection, it is vital to seek legal counsel to ensure your rights are protected.

What is the hearing process like for Orders of Protection in Illinois?

The process for obtaining an order of protection can vary depending on the specific situation, but there are generally three steps involved: filing a petition, attending a hearing, and obtaining the order.

1. Filing a petition: This is the first step in the process. This document must be filed with the court and include information about the abuse that has occurred to the high risk adult, dependent, or individual within the relationship. Once the petition is filed, a date will be set for a hearing.
2. Attending a hearing: Both parties can present their case at this hearing.
3. Obtaining the Order of Protection: The judge will issue the order of protection if warranted.

If you are the victim of domestic violence, an order of protection can provide you with much-needed safeguards to help keep you protected. The hearing process may seem daunting, but with the help of an experienced attorney, you can navigate it successfully and obtain the order you need.

Gaining an order of protection assists those who are at risk of being abused, neglected, or exploited. These individuals include minor children, intimate partners, and even a high risk adult with disabilities who may reside within the same resident as the abuser.

Call us at (312) 971-2581 or book a free consultation online to speak to an attorney about your specific situation. Order of protection cases are time-sensitive, so please do not hesitate to contact us today. To qualify for a free consultation, you must be seeking to hire an attorney to represent you in your case.

What Factors Do Courts Consider in Illinois Order of Protection Hearings?

When a person files for an order of protection in Illinois, the court will consider many different factors before making a decision.

• The first factor is the relationship between the petitioner and the respondent. If the two individuals are married or have been in a relationship, the court will consider this a substantial factor in favor of granting an order of protection.
• The second factor is the presence of any children. If children are involved, the court will consider this when deciding.
• The third factor is the frequency and severity of the abuse. If the abuser has a history of domestic violence, this will be considered a strong factor in favor of granting an order of protection.
• The fourth factor is whether or not there is a risk of further abuse. If the abuser has made threats of violence or has access to weapons, this will be considered a substantial factor in favor of granting an order of protection.
• The fifth and final factor is the petitioner's testimony. The court will give great weight to the petitioner's testimony when deciding whether to grant an order of protection.

By filing an order of protection matter, the civil court ensures that neglect of a high risk dependent, intimidation of a dependent, or interference with personal liberty does not occur. If the abuser of the underlying victim occurs and the abuser has a history of criminal activity, they may be subject to a class 4 felony.

Who is Responsible for Attorney Fees in an Illinois Order of Protection Proceeding?

In an Illinois Order of Protection proceeding, the court may order one party to pay the attorney's fees of the other party. The court will consider many factors when making this decision, including each party's financial resources and ability to pay, the reasonableness of the attorney's fees, and whether one party has acted in bad faith.

The court may also consider whether one party has forced the other party to incur significant expenses by filing frivolous petitions or making false accusations. In making its determination, the court will strive to create a level playing field so that both parties have a fair opportunity to present their case. Ultimately, the responsibility for paying attorney's fees will be decided on a case-by-case basis by the judge presiding over the proceedings.

If you have been a victim of domestic violence, it is essential to seek legal help as soon as possible. The Chicago Family Attorneys, L.L.C. attorneys are experienced in handling protection orders and can help you navigate the process. Contact us today for a consultation.

What happens if I am served an order of protection?

An order of protection is a serious legal matter. If you have been served with an order of protection, it is vital to take the allegations seriously and take action to protect yourself. An order of protection is a court order designed to protect domestic violence victims from further harm.

An interim order or emergency order of protection is usually issued which can include provisions such as prohibiting the abusive spouse from entering the home, having contact with the victim, or possessing firearms. Violating an order of protection is a criminal offense, and can result in jail time. If you are served with an order of protection, you should immediately contact an experienced attorney to discuss your legal rights and options.

What are the consequences of violating an Order of Protection?

If you violate an order of protection in the state of Illinois, you could be facing some severe consequences. Depending on the severity of the offense, you could be facing anything from a fine to jail time.

Sometimes, you may also be required to attend anger management classes or counseling. If the victim was a family member or close friend, you might also be barred from having any contact with them. In addition, if you own a firearm, you may be required to surrender it to authorities. The first violation is a class A misdemeanor.

The offender can be charged with a Class 3 felony if the order is violated and the offender has any prior history of domestic violence or violating an order of protection.

If the offender has two or more convictions of domestic battery or violating an order of protection, the Class 3 felony charge can be enhanced to a Class 2 felony.

The penalties for violating an order of protection are serious and can have a lasting impact on your life. If you have been served with an order of protection, you must contact an experienced attorney as soon as possible to discuss your legal rights and options.

How long does a Plenary Order of Protection last in Illinois?

An order of protection in Illinois is typically valid for two years from the date it is issued. However, the court may choose to extend the order for an additional two years if it finds a continued risk of harm to the victim. In some cases, the court may also make the order permanent.

If you have been a victim of domestic violence, it is important to seek legal help as soon as possible. The attorneys at Chicago Family Attorneys, LLC are experienced in handling protection orders and can help you navigate the process. Contact us today for a consultation.

Why do I need an Order of Protection?

If you are a victim of domestic violence, you may be wondering why you need an order of protection. An order of protection is a court order designed to protect domestic violence victims from further harm.

The order can include provisions such as prohibiting the abusive spouse from entering the home, having contact with the victim, or possessing firearms. Violating an order of protection is a criminal offense, and can result in jail time. If you are a victim of domestic violence, you should immediately contact an experienced attorney to discuss your legal

If you find yourself in this situation, it is important to seek legal counsel as soon as possible. To hire an attorney for your matter, call Chicago Family Attorneys today at (312) 971-2581 or book a free confidential consultation online.

Domestic Violence Matters And Starting Your Case

If you are a victim of domestic violence, you may be wondering how to file an order of protection in Illinois. The process can be confusing and overwhelming, but an experienced attorney can guide you through the process and ensure that your rights are protected.

To file for an order of protection, you will need to go to your local circuit court clerk's office and fill out a petition. In the petition, you will need to provide detailed information about the domestic violence incident, including any witnesses or evidence that you have.

Once the petition is complete, it will be given to a judge who will decide whether or not to issue the order of protection. If the judge decides to issue the order, it will be served on the abuser and will go into effect immediately. it is important to remember that this is only an interim order of protection and it is not a final order.

If you are a victim of domestic violence, it is important to seek legal help as soon as possible. Call Chicago Family Attorneys today at (312)971-2581 or book a consultation online. We are here to help.

Order of protection cases: Frequently asked questions

What is the difference between an emergency and a plenary order of protection?
An Emergency Order of Protection (E.O.P.) is a temporary order used to protect victims of abuse on an emergency basis. Emergency Order of Protection matters are outlined under 750 ILCS 60/217. An E.O.P. can last up to 21 days and can be extended if necessary.
A Plenary Order of Protection is a more permanent order lasting up to two years. To obtain a Plenary Order of Protection, you must appear in court and present your case to a judge.

Are mental evaluations allowed in orders of protection cases?
Yes. In some cases, the court may order a mental evaluation for one or both parties involved in an order of protection. This evaluation can be used to help the court determine whether there is a risk of violence in the future.

If you are a victim of domestic violence, it is vital to seek legal help as soon as possible. To hire the attorneys at Chicago Family Attorneys, LLC, call us at (312) 971-2581 or book a free consultation online.

Is there a way to get rid of an order of protection?
Yes. If you have an order of protection against you, there are a few ways it can be removed.

If the order was issued without notice (ex parte), you could request a hearing within 21 days to have the order dismissed.

If the order was issued after notice and a hearing, you could file a motion to modify or vacate the order. These motions must be filed within 30 days of the order being issued.

What happens if I violate an order of protection?
Violating an order of protection is a criminal offense, and can result in jail time. If you are a victim of domestic violence, you should immediately contact an experienced attorney to discuss your legal options.

Who is considered a protected party under an order of protection?
In Illinois, a protected party is a family or household member. This includes spouses, ex-spouses, parents, children, siblings, and other relatives. It also includes persons who are currently dating or have dated in the past and persons who have a child together.

What rights do I have if I am a victim of domestic violence?
If you are a victim of domestic violence, you have the right to file for an order of protection. An order of protection is a legal order that prohibits the abuser from having contact with the victim.

An order of protection can also include other provisions, such as requiring the abuser to move out of the home, prohibiting the abuser from possessing firearms, and ordering the abuser to pay child support or spousal support.

If you are a victim of domestic violence, it is important to seek legal help as soon as possible. The attorneys at Chicago Family Attorneys, LLC can litigate your domestic violence matter. To start your case, call us at (312) 971-2581 or book a free consultation online.

What happens if I have a FOID card or firearm and I am accused of domestic violence?
If you are accused of domestic violence, the court may order you to surrender your FOID card and any firearms you possess. It is a criminal offense to violate this order, and you could be sentenced to jail time if you are found guilty.

If you are a victim of domestic violence, it is crucial to seek legal help as soon as possible.

Who would I turn my FOID card or firearm over to?
If you are ordered to surrender your FOID card or firearm, you must turn them over to the local law enforcement agency where you live. You will also be required to submit a written statement to the Illinois State Police indicating that you have complied with the order.

What if I am not the abuser but named in an order of protection?
If you are not the abuser but are named in order of protection, you should immediately contact an experienced attorney to discuss your legal options.

Whether you are reaching out to our family law practice for an order of protection, divorce, adoption, child custody matter, child support, guardianship case, advice regarding prenuptial agreements, or other legal help, our office is committed to providing the best representation possible. We know how to represent clients through every step of their family law case.