An Order of Protection can be issued by a judge when requested by a victim of abuse. It is a civil court order providing protection for victims of domestic abuse. These orders are sometimes referred to as restraining orders.
The Emergency and Plenary Orders of Protection
An order of protection may be issued by a judge on an emergency basis if there is a likelihood of harm or injury by the abuser. The emergency order expires after 21 days.
Within that 21 day period a court hearing is held to determine whether an order should be continued. If the judge agrees there is a likelihood of harm or injury, she can enter a plenary order that can last for two years. After two years it can be extended.
An abuse victim may file on her own, or with the assistance of an attorney. When the alleged abuser has been charged with a crime, the law authorizes the state’s attorney to act as counsel for the crime victim in seeking an order of protection.
The Order of Protection Process
The process starts with the victim filing a petition outlining abuse and asking a judge to issue the order. In court the victim is referred to as the petitioner and the abuser is referred to as the respondent.
This petition is filed in the county where the abuse took place, the victim lives or the alleged abuser resides. The Domestic Violence Act includes five types of conduct defined as abuse:
- Physical abuse (including sexual abuse) is knowing or reckless use of physical force, confinement or restraint. This does not include reasonable direction of a child by a parent or person acting as a guardian.
- Harassment is conduct unneeded to achieve a reasonable purpose with circumstances that would cause distress to a reasonable person.
- Intimidation of a dependent is subjecting a person who is dependent on another because of age, health, or disability to participate in or witness the use of physical force, confinement, or restraint against another.
- Interference with personal liberty is threatening or using physical abuse, harassment, or intimidation to compel another to engage in behavior that he or she has the right to refuse refrain from.
- Wilfull deprivation is willfully depriving a person who because of age, health, or disability needs medication, medical care, food, shelter, or physical assistance and thereby exposing them to physical or emotional harm.
Persons Eligible to Seek an Order of Protection
The Domestic Violence Act offers protection to family or household members. The following individuals are eligible to request an Order of Protection:
- spouse
- former spouse
- parent
- child
- stepchild
- person related by blood or marriage
- sharing or formerly sharing a dwelling
- persons having a child in common
- dating or engagement relationship
- personal assistant to a disabled person
Possible Orders to the Respondent
A judge issuing an Order of Protection may order the respondent to:
- Refrain from harassing, abusing, stalking, intimidating or interfering with the personal liberty of petitioner
- Not go in or near the petitioner’s home, work, school or other site frequented by the petitioner
- Not to have any contact in any form with the petitioner
- Not to possess any firearms
- Not to take or damage personal property of the petitioner
- Participate in alcohol or domestic violence counseling or anger management
- Pay support for the family where appropriate
- Anything else proper for the safety of the petitioner
Violation of Order of Protection
Once properly issued, an Order of Protection is enforceable by the police. Failure of the respondent to follow the judge’s orders is a violation of the order.
Violating of an order of protection can be a criminal offense. It is typically a Class A misdemeanor that may be punished by up to a year in jail and a fine of up to $2500.00. The police decide whether to make an arrest based on their investigation an alleged violation of an order of protection. When someone believes there has been a violation of an order of protection, the police should be contacted.
The Court Advocates
Most courts in Illinois have individuals to offer assistance for victims of domestic abuse. These individuals are typically referred to as court advocates. The court advocates work to help out those needing help in seeking Orders of Protection. Since in criminal cases the State’s Attorney can act as counsel, that office works closely with the court advocates. The easiest way to find the court advocates is to contact the State’s Attorney’s office.
