Orders of Protection
In Illinois there is a law that allows people that needs assistance in keeping someone away from them that is codified by statute under the Order of Protection Act of 1986. Commonly referred to as a ‘Restraining Order’ they are properly called ‘Orders of Protection’ in Illinois. An Order of Protection is exactly what it sounds like, it is an order issued by a judge to preclude and individual from having certain types of contact and conduct with another person. There are two types of restraining Orders, one is for people with some sort of domestic relationship and called an “Order of Protection” the other (which is discussed in a separate page on this website) is called a “No Stalking and No Contact Order” wherein there is no domestic relationship.Who can get an Order of Protection?
There are always two parties to the Order of Protection case. The person trying to get the Order of Protection is called “The Petitioner” and the person that is the subject to the Order of Protection is called “The Respondent.” The Court can allow the Petitioner to have other people added as protected parties to the Order that protects people related to the Petitioner such as a spouse, domestic partners, children, and other family or household members. The parent or legal guardian may also petition the court for an Order on behalf of their minor children. One of the things that the Petitioner has to allege is that the Respondent stands in a relationship to the Petitioner, or alleged abused person, as either a spouse or former spouse, or as a parent or child, as someone who have or had a dating relationship or an engagement to be married, or having or even allegedly having a child in common or a stepchild, or any person who shares or formerly shared a common dwelling including people with no family relationship such as roommates, or a personal assistant to a person with disabilities or a is responsible for a high risk adult.What Type on Contact and Conduct can be Prohibited?
Orders of Protection give the Petitioner various remedies by statute. Beyond the remedies delineated by the Act that governs Orders of Protection the Judge also has the ability to grant and order other relief that they deem necessary to protect the Petitioner. Usually the Court will order that The Respondent shall refrain form committing the following acts towards the Petitioner and other protected persons: harassment, physical abuse, intimidation, stalking, interference with personal liberty, neglect, and exploitation. It is also commonly ordered that the Respondent cannot return to the home or have any contact with the Petitioner including through third parties, social media, text messages, and the phone. The Petitioner usually also is able to get an order for sole possession of minor children that may be involved, however, in most cases if the child is not an alleged victim of the Respondents abuse a judge has the ability to set up visitation with the minors. There is often language which states that the Petitioner is granted exclusive possession of the residence and the Respondent is prohibited from entering or remaining at that named location. The Respondent is usually granted access to the premises after the Order is entered at a specific time in the presence of a mutual family member, friend, or the local police and be allowed to remove items of personal use such as clothing, medications, and other personally owned objects. The most common order is that the Respondent is ordered to stay away from the Petitioner and the other protected people. Another common remedy is that the Respondent may not go to certain other locations such as the place of employment or school of any protected party. The judge can order the Respondent to pay monetary damages to the Petitioner if there was any damaged personal property. If a full order of protection is eventually granted the Judge also has the ability to order the Respondent to undergo counseling for a period of time. And, importantly, a Respondent is not allowed to possess a firearm while under any restriction of an Order of Protection, a violation of which is a violation of both State and Federal laws with severe consequences and jail time.How Long do Orders of Protection Last?
There are three types of Orders of Protection; (1) Emergency Orders, (2) Interim Orders, and (3) Plenary Orders. Originally after the Petitioner goes before the Judge and presents their case the Judge will decide if there is enough merit for the case to continue. It needs to be noted that the Respondent will not be present and often doesn’t even know that this is happening. If the Judge decides that there is merit then they will issue something called an “Emergency Order.” After that Order is issued the Respondent will then get served with a copy of that order and informed that they need to respond and appear in Court sometime within three weeks. Once the Respondent appears on the court date the judge will usually give the Respondent time to hire an attorney and investigate the case for their defense. During that time the Judge will often issue an “Interim Order of Protection” which gives the Petitioner protection for up to 30 days until the next Court date. There are often several Interim Orders issued to give the Respondent time to prepare. Once all the matters are heard by the Court the Judge will decide whether to enter a “Plenary Order of Protection” which can by law last up to two years, and under certain other circumstances be extended longer after that.
Within the city of Chicago Orders of Protection are most commonly heard at the courthouse located at 555 W. HARRISON STREET just several short blocks from the Domestic Law Firm of David Olshansky at 216 S. Jefferson St., Suite 101 Chicago. If there is a pending divorce case or Juvenile case these proceedings can be transferred to the Daley Center at 50 W. Washington or Juvenile Court at 1100 S. Hamilton.
PLEASE VISIT THE PAGE ON THIS WEBSITE THAT CONTAINS THE ACTUAL LANGUAGE FROM THE STATUTE FOR MORE INFORMATION…
DEFENDING ORDERS OF PROTECTION
WHAT HAPPENS WHEN YOU VIOLATE AN ORDER OF PROTECTION
OBTAINING ORDERS OF PROTECTION
NO STALKING AND NO CONTACT ORDERS
CALL THE DOMESTIC LAW FIRM OF ATTORNEY DAVID OLSHANSKY AT (312) 203-5500 IF YOU NEED ASSISTANCE IN AN ORDER OF PROTECTION MATTER.