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ORDER OF PROTECTION ATTORNEYS IN CHICAGO

Domestic violence is a serious and prevalent issue in Illinois, affecting individuals and families across the state. It can take many forms, including physical, emotional, sexual, and financial abuse. If you or someone you know is facing domestic violence, seeking an order of protection can be a crucial step towards ensuring safety and security. Family lawyers in Chicago often see order of protection issues or no stalking no contact orders coupled with child custody issues and divorce issues in Cook County. 

 

A civil order of protection is a legal document issued by a court that orders an abuser to stop their abusive behavior and stay away from the victim. It can also provide other protections such as granting temporary custody of children and requiring the abuser to attend counseling or anger management classes. This type of legal action not only offers immediate protection but also serves as a powerful deterrent for future abusive behavior.

 

At Chicago Family Attorneys, LLC, our experienced order of protection attorneys understand the complexities of these cases. We know that domestic violence often intersects with other family law matters such as divorce, child custody, and guardianship. Our knowledge and expertise in these areas allow us to provide comprehensive legal support to our clients who are facing domestic violence.

 

We are dedicated to helping victims navigate the legal process of obtaining an order of protection with sensitivity and compassion. We recognize that every case is unique and requires individualized attention. Our attorneys work closely with our clients to understand their specific needs and develop tailored strategies to protect their rights and well-being.

 

In addition to representing victims of domestic violence, we also represent individuals who have been falsely accused or wrongly served with an order of protection. We understand the significant impact that these accusations can have on one's personal and professional life, which is why we vigorously defend our clients' rights in court.

 

If you or a loved one is facing domestic violence in Illinois, do not hesitate to seek legal assistance from Chicago Family Attorneys, LLC. Our experienced order of protection attorneys will work tirelessly to help you obtain the necessary protections and pursue justice on your behalf. Contact us today for a confidential consultation.

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TYPES OF ORDERS OF PROTECTION IN ILLINOIS

If you or a loved one are experiencing domestic violence, it is important to know that there are legal options available to protect yourself and your family. Under the Illinois Domestic Violence Act (750 ILCS 60/), there are three types of protection orders that can be obtained: Order of Protection, Stalking No Contact Order, and Civil No Contact Order.

ORDER OF PROTECTION

Available for victims of domestic violence by family or household members, an order of protection is a court-issued document that prohibits the abuser from contacting the victim or their family, entering their residence or workplace, possessing firearms, requiring counseling, and ordering payment of losses. Domestic violence is defined as "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation" under 750 ILCS 60/103.

STALKING NO CONTACT ORDER

For victims of stalking by non-family members, a stalking no contact order can be obtained under the Stalking No Contact Order Act (740 ILCS 21/). Stalking is defined as "engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress" under 740 ILCS 21/10. This type of order can prohibit the stalker from contacting the victim, being present at certain locations, and possessing firearms.

CIVIL NO CONTACT ORDER

Available under the Civil No Contact Order Act (740 ILCS 22/), this type of order is for victims who have experienced non-consensual sexual conduct or penetration. It can prohibit the respondent from contacting the victim, being present at certain locations, and ordering payment for losses.

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PROTECTION ORDER KEY POINTS

It is important to note that these orders can be issued as emergency orders (14-21 days), interim orders (30 days), or plenary orders (up to 2 years) depending on the situation. Violation of any of these orders is a serious offense, with a first offense being classified as a Class A misdemeanor and subsequent offenses as a Class 4 felony under 720 ILCS 5/12-3.4.

 

It is also important to know that these orders are enforceable not only in Illinois but also in other states under federal law. This provides added protection for victims who may need to relocate to another state to escape their abuser.

 

These protection orders are critical legal tools for victims of domestic violence, stalking, and sexual assault. They not only provide immediate relief and safety but also hold offenders accountable under Illinois law. If you or someone you know is in need of a protection order, it is advised to consult with an advocate or an experienced domestic violence attorney from a top family law firm that specializes in handling cases related to child custody, divorce, and family law. They can help determine the best course of action and guide you through the legal process to ensure your safety and well-being.

EMERGENCY ORDERS OF PROTECTION (EOP) VS. PLENARY ORDERS OF PROTECTION

Emergency Orders of Protection (EOP)

An Emergency Order of Protection (EOP) provides immediate, short-term protection for victims of domestic violence. This type of order can be issued without the abuser being present, based solely on the victim's testimony. The EOP typically lasts between 14 to 21 days, offering immediate relief from abuse. According to the Illinois Domestic Violence Act (750 ILCS 60/217), an EOP can include provisions such as prohibiting the abuser from contacting the victim, staying away from the victim's residence or workplace, and surrendering firearms.

Plenary Orders of Protection

A Plenary Order of Protection offers longer-term protection, lasting up to two years. Unlike an EOP, a plenary order requires a full court hearing where both the petitioner (victim) and the respondent (abuser) are present. During this hearing, the judge will consider evidence and testimonies from both parties before issuing the order. The plenary order can include similar provisions to an EOP but is designed to provide extended protection. Under the Illinois Domestic Violence Act (750 ILCS 60/219), a plenary order can also mandate the abuser to attend counseling, pay for losses suffered by the victim, and adhere to other specific conditions to ensure the victim's safety.

CIVIL ORDERS OF PROTECTION VS. CRIMINAL ORDERS OF PROTECTION

CIVIL ORDER OF PROTECTION CASES

Civil Orders of Protection are filed by the victim in civil court and are designed to prevent further abuse by a family or household member. These orders are governed by the Illinois Domestic Violence Act (750 ILCS 60/). Civil orders can include emergency, interim, and plenary orders, each providing varying levels of protection based on the immediacy and severity of the threat.

CRIMINAL ORDER OF PROTECTION CASES

Criminal Orders of Protection are issued as part of a criminal domestic violence case prosecuted by the State's Attorney. These orders are typically sought when the abuser has been charged with a criminal offense related to domestic violence. Criminal orders of protection are intended to protect the victim during the criminal proceedings and can include similar provisions to civil orders, such as no-contact directives and restrictions on the abuser's movements.

PROTECTION ORDER KEY STATUTES AND COURT CASES

CIVIL NO CONTACT ORDER STATUTES

  • Civil No Contact Order Act (740 ILCS 22/): This act provides the legal framework for obtaining civil no contact orders in Illinois. It outlines the procedures for filing, modifying, and enforcing these orders. Key sections include:

  • 740 ILCS 22/218.5: Details the modification and reopening of orders.

  • 740 ILCS 22/219: Specifies the penalties for violating a civil no contact order.

  • 740 ILCS 22/220: Discusses the enforcement of civil no contact orders, including criminal and civil contempt proceedings.

ORDER OF PROTECTION STATUTES

  • Illinois Domestic Violence Act (750 ILCS 60/): This act governs the issuance of orders of protection in Illinois. It defines domestic violence and outlines the procedures for obtaining emergency, interim, and plenary orders. Key sections include:

  • 750 ILCS 60/217: Details the requirements for obtaining an emergency order of protection.

  • 750 ILCS 60/219: Outlines the process for obtaining a plenary order of protection.

  • 750 ILCS 60/214(b)(6): Allows for temporary legal custody as a remedy in an order of protection.

NO STALKING NO CONTACT ORDER STATUTES

  • Stalking No Contact Order Act (740 ILCS 21/): This act provides the legal framework for obtaining stalking no contact orders in Illinois. It outlines the procedures for filing, modifying, and enforcing these orders. Key sections include:

  • 740 ILCS 21/35: Allows for the appointment of counsel for the petitioner if the respondent is represented by counsel.

  • 740 ILCS 21/50: Discusses the jurisdiction over persons for stalking no contact orders.

  • 740 ILCS 21/60: Details the process for filing a petition for a stalking no contact order.

ILLINOIS DOMESTIC VIOLENCE CASES

Wilson v. Jackson, No. 3-99-0383: This case highlights the importance of timely hearings and the potential misuse of the Domestic Violence Act to obtain custody. The court emphasized that emergency orders of protection should not include an award of legal custody and that any delays in hearings can result in a denial of due process.

IMPORTANT FACTORS OUTLINED IN PROTECTION CASES

  1. Timeliness and Due Process: Courts emphasize the importance of timely hearings to avoid unnecessary delays that can result in a denial of due process. Emergency orders should be handled expeditiously to ensure the safety of the petitioner without infringing on the respondent's rights.

  2. Scope of Orders: Emergency orders of protection should not include awards of legal custody, as these are meant to provide immediate, short-term relief. Plenary orders, which require a full hearing, can include more comprehensive remedies, including temporary custody.

  3. Modification and Enforcement: Both civil no contact orders and orders of protection can be modified based on changes in circumstances or new evidence. Violations of these orders can result in criminal penalties, including misdemeanors and felonies, and can be enforced through both criminal and civil contempt proceedings.

  4. Jurisdiction and Venue: Illinois courts have jurisdiction to issue and enforce protection orders, including those issued in other states or by military judges. Petitions can be filed in any county where the petitioner or respondent resides or where the alleged abuse occurred.

WHY HIRE AN ORDER OF PROTECTION LAWYER?

At Chicago Family Attorneys, LLC, our experienced attorneys are well-versed in the complexities of civil protection orders, including civil no contact orders, orders of protection, and stalking no contact orders. We provide comprehensive legal services to help victims of domestic violence, stalking, and non-consensual sexual conduct secure the protection they need. Our services include:

  • Filing and Modifying Orders: We assist clients in preparing and filing petitions for emergency, interim, and plenary orders, as well as modifying existing orders based on new circumstances.

  • Representation at Hearings: Our attorneys represent clients at court hearings, advocating for their safety and presenting compelling evidence to support their case.

  • Enforcement of Orders: We work with the courts to ensure that protection orders are enforced and that violators are held accountable.

If you or someone you know is experiencing abuse, contact Chicago Family Attorneys, LLC today for a confidential consultation. Our team is dedicated to helping you navigate the legal system and secure the protection you deserve.

Frequently Asked Questions About Protection Orders in Illinois

What types of protection orders are available in Illinois?

Illinois offers three main types of protetion orders:

  • Order of Protection (for domestic violence cases)

  • Stalking No Contact Order

  • Civil No Contact Order

Who can file for each type of protection order?

  • Order of Protection: Victims of domestic violence by family or household members

  • Stalking No Contact Order: Victims of stalking by non-family members

  • Civil No Contact Order: Victims of non-consensual sexual conduct or penetration

What's the difference between an emergency order and a plenary order?

  • Emergency orders provide, short-term protection and can be issued without the abuser present.

  • Plenary orders offer longer-term protection (up to 2 years) and require a full court hearing with both parties present.

How do I file for an protection order?

You can file a petition at your local circuit court, either in person or online in some counties. For Cook County residents, petitions for order of protection are filed at 555 W. Harrison St., Chicago, Illinois.​

Is there a fee to file for a protection order?

No, there is no fee to file for any type of protection order in Illinois.

What protections can these orders provide?

Protection orders can:

  • Prohibit contact with the victim

  • Order the abuser to stay away from specific locations

  • Require the abuser to surrender firearms

  • Address child custody and visitation (for Orders of Protection)

  • Order the abuser to pay financial support (for Orders of Protection)

What's the legal definition of stalking in Illinois?

Stalking is defined as a "course of conduct" (two or more acts) directed at a specific person that would cause a reasonable person to fear for their safety or suffer emotional distress.

What happens if someone violates a protection order?

Violating a protection order is a crime in Illinois. The first violation is typically a Class A misdemeanor, while subsequent violations can be Class 4 felonies.

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