Emergency Orders of Protection

 Posted on September 08, 2017 in Domestic Abuse

Approximately one in three women and one in four men have been the victims of physical, sexual, or emotional abuse at the hands of their intimate partner. If you or your child have been victims of domestic violence, you may feel alone, frightened, or confused. You want things to be different but you may be unsure as to your next steps. In many cases of domestic violence, the first step is to place a legal barrier between yourself and your abuser. Petitioning the court for an emergency order of protection can help ensure the safety and security of you and your child.

How to Get an Emergency Order

Fortunately, requesting an emergency order of protection is rather simple. You can file your petition with the court of the county you live in or in the county where you are temporarily staying. Your petition can also be filed in the county where your abuser lives. You can file your petition with an available circuit court judge or associate judge if the court is closed for the weekend or a holiday. The process requires you to make a sworn statement regarding your abuse, usually in the form of an affidavit. Based your testimony, the judge can issue an emergency order of protection without the appearance of your abuser.

What an Emergency Order of Protection Can Do

Depending on your specific circumstances, the protective order may require that your abuser stay away from you, your child, and your shared residence. It may also prevent him or her from possessing a firearm. An emergency order of protection can also require your abuser to relinquish personal or jointly-held property.

If a protective order is violated—meaning that your abuser breaks any of the rules set by the order—but you are not in immediate danger, you can report this to the court and a judge will likely hold the abuser in contempt. The abuser may have to pay fines or may even be imprisoned. If the abuser violates the order and you are in immediate harm, you can call the police, and your abuser will probably face criminal penalties for violating the order. In Illinois, the domestic violence arrest policy is left to the responding officer’s discretion. He or she will use all reasonable means to prevent further abuse, including arresting the abuser.

Domestic Violence Protection

If you are in immediate danger of domestic abuse, get to a safe place first and foremost. When you are ready to file your petition for an emergency order of protection, our experienced and compassionate attorneys are here to help. You do not have to face domestic violence alone. Contact a skilled domestic violence attorney in Arlington Heights. Call 847-253-3100 for a free consultation today.

Sources:

https://www.aclu.org/files/pdfs/womensrights/protectiveorders.pdf

http://ncadv.org/learn-more/statistics