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Orders of Protection against Domestic Violence in Illinois

Posted on in Domestic Violence

orders of protection, domestic abuse, Illinois family law attorneyIt is important for victims of domestic violence to know they have options to protect themselves from spousal abuse or harassment. An order of protection will require the threatening spouse or individual to follow the interaction rules set forth in the orders or face criminal charges. Before filing for an order of protection, individuals should seek legal counsel to gain a better understanding of the scope of this type of protection.

Types of Orders

An Illinois family law attorney can help an individual choose which of the orders of protection apply to their case. While each type of order differs from the others, they all seek to provide safety for victims of domestic violence.

The first type of order is known as a Plenary Order of Protection. This applies to cases in which both the victim and the alleged abuser have gone to court to testify. The order will be effective for up to 24 months, which is the longest lasting order of protection in the state.

The second type of protection is provided through an Emergency Order of Protection. In these cases, only the victim must appear before a judge. Based on the victim's testimony, the court may choose to grant emergency protection to keep the victim from further harm.

The third type of order is an Interim Order of Protection which fills the gap after an emergency order expires and before a plenary protection order has been obtained. Interim orders help provide protection until both parties can appear in court.

Petitions for all three types of orders can be filed in the county where the victim lives permanently or where the victim is currently residing. For further accessibility, a victim may also file in the county where their abuser resides as well as where the abuse or violence took place. Victims seeking protection must file for orders with the county circuit court clerk.

How an Order of Protection Helps

Each type of order of protection is designed to empower the victim. The orders will provide specific details about how the abuser is to interact with the victim from that point onward. Orders of protection are not limited to cases of spousal abuse; a victim can file an order against any type of abuser, provided he or she is a protected party under statute, regardless of whether they live with the accused or not.

If you are experiencing domestic violence, abuse, or harassment, you have options. Our team of legal professionals can help you file an order of protection and pursue further legal action. Please contact a Naperville divorce attorney today at 630-352-2240. At the Pesce Law Group, P.C. we are advocates and a resource for victims of domestic violence.

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