How Can an Emergency Order of Protection Help Me?

 Posted on February 14, 2020 in Domestic Violence

Being a victim of domestic violence can be a confusing and scary experience to endure. Victims may be uncertain of what their abuser is actually capable of or if the abuser will follow through with his or her threats. In many cases, a victim of domestic violence may be unsure as to whether or not the treatment he or she is being subjected to even “counts” as domestic violence. If you have been a victim of abuse by a household or family member, romantic partner, or ex-romantic partner, an emergency order of protection may benefit you in several ways.

What Is Considered Domestic Violence?

When most people think of domestic violence, they imagine physical abuse like punching, hitting, pushing, slapping, and kicking. However, this is not the only type of abuse that may be cause for acquiring an emergency order of protection. Domestic violence or abuse can also involve psychological or emotional manipulation. An abusive person may humiliate, demean, or frighten his or her victim in order to control him or her. The perpetrator may also threaten the victim or the victim’s loved ones. Some abusers control victims through financial means such as withholding money, prohibiting the victim from gaining employment, or controlling the victim’s spending to an extreme degree. One of the most important things to remember about abuse is that many abusers escalate the abusive behavior over time. If someone has made you feel afraid for your safety, an emergency protection order can help ensure that the situation does not worsen.

How Does an Emergency Order of Protection Work?

You can obtain an emergency order of protection (EOP) based on your testimony alone. Your abuser does not need to be present. Many protection orders coincide with a domestic battery arrest or other crime, but the abuser does not need to be arrested in order for a victim or potential victim to be granted a protection order. EOPs become effective immediately and last for up to 21 days. 

An EOP can be customized based on your needs, but many EOPs contain provisions that:

• Prohibit the abuser from contacting the victim or coming within a certain distance of the victim or the victim’s home, workplace, or school
• Give temporary custody of children to the victim
• Prohibit the abuser from contacting or coming within a certain distance of children
• Revoke the abuser’s Firearms Owner’s Identification Card which prevents him or her from legally possessing a firearm

If you require protection past the 21-day period, you can petition the court for a more permanent protection order called a plenary order of protection.

Contact a DuPage County Order of Protection Lawyer

At Pesce Law Group P.C., we understand how difficult it can be for a victim of domestic violence to stand up against his or her abuser. If you are ready to secure an order of protection or you need help with divorce, child custody issues, or other family law matters, contact a compassionate Naperville family law attorney today. Call our office at 630-352-2240 for a free, confidential consultation.

Sources:

https://www.thehotline.org/2018/09/28/escalation/

https://courts.illinois.gov/forms/approved/protective_orders/How_To_Ask_For_An_Order_Of_Protection.pdf