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Getting an Emergency Order of Protection in Illinois

Posted on in Family Law

b2ap3_thumbnail_lady-crying_600x400.jpgDespite countless public education campaigns and social efforts, domestic violence and abuse continue to plague millions of families around the country, including many right here in Illinois. Public awareness of the problem offers little consolation to a victim who is currently being terrorized in his or her own home or place of employment. That is why, in addition to taking steps to eliminating domestic abuse, it is so important to understand what your options are if and when you are being abused by an intimate partner or family member.

Get to a Safe Place

If domestic violence is part of your daily reality, you need to take action to protect yourself and, if applicable, your children. Depending on the circumstances of your situation, your best option may be to temporarily leave your home and to stay with a trusted friend or family member. Resist the temptation to let your abuser know where you have gone, even if the abuser is your child’s other parent. Your safety and that of your child must be your top priority.

Filing for an Order of Protection

Once you are in a safe place, you can then take steps to limit contact with your abuser. This can be done by filing for an emergency order of protection with the county court in which you live. A judge can issue an emergency order of protection based on the testimony you provide in an affidavit, without giving your abuser the ability to refute your claims at that time. The emergency order may:

  • Limit your abuser’s access to your home, even you share it with him or her;
  • Prevent your abuser from contacting you in person or by phone or text;
  • Make temporary changes to your parenting plan or parenting time schedule, if applicable;
  • Require your abuser to turn over legally owned firearms if there is danger that such a weapon could be used against you;
  • Prohibit your abuser from taking, hiding, or damaging your personal property or property that you own together; and
  • Include any other provision necessary to keep you or your children from harm.

Most remedies included an emergency order of protection will only be ordered if the court believes that you or your child would be in danger related to that specific provision if your abuser was notified of your petition for the order.

An emergency order of protection can remain in effect for up to 21 days. In the meantime, the subject of the order may choose to present his or her case to the court. As a result, the court could enter an interim order of protection to last up to 30 days prior to a full hearing. Following that hearing, a plenary order of protection may be entered to remain in effect for up to two years.

We Can Help

If you are currently in danger of domestic abuse, you need to seek help right away. Contact an experienced Kane County family law attorney at Pucci Pirtle today to get the help you need with filing for an emergency order of protection. Let us provide the assistance you need to keep your family safe.

 

Sources:

http://www.illinoisattorneygeneral.gov/women/victims.html

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

Kane County Bar Association Illinois State Bar Association McHenry County Bar Association

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