Emergency Orders of Protection in Illinois

 Posted on February 01, 2018 in Orders of Protection

Domestic violence is, unfortunately, a common occurrence in homes across the United States. Approximately one in three women and one in four men have been or will be the victims of physical, sexual, or emotional abuse at the hands of their intimate partner. If you or your child have been affected by 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 thing you should do is to place a legal barrier between yourself and your abuser. Petitioning the court for an emergency order of protection can help defend you or your child’s safety and security.

How to Get an Emergency Order

Fortunately, requesting an emergency order of protection is 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. With your petition, you will need to include the nature of the abuse to be addressed and the specific dangers to yourself or your children. Based on your testimony, an emergency order of protection can be granted immediately.

What an Emergency Order of Protection Can Do

The protective order will generally prohibit your abuser from harming or even contacting you or your child. Depending on your specific circumstances, the 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 even 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 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 danger, you can call the police. Your abuser will likely face criminal penalties for violating the order. In Illinois, the domestic violence arrest policy is to rely on the responding officer’s discretion. He or she will use all reasonable means to prevent further abuse, including arresting the abuser if necessary

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 team of experienced and compassionate Rolling Meadows domestic violence attorneys are here to help. You do not have to face domestic violence alone. Call 847-253-3100 for a free, confidential consultation today.

Sources:

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

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