Unfortunately, real life isn’t always the butterflies and roses you want it to be. People can be cruel, and abuse happens in many forms. Thankfully, there are ways you can protect yourself using the court of law. Here’s a quick guide to the different protection orders in Illinois.
Abuse can be abstract and hard to confront. There’s physical abuse, but there’s also emotional abuse, which can come in the form of harassment, intimidation, or manipulation. Abusers will often deprive their victims of autonomy, meaning the victim cannot access their finances or see their friends and family members. There’s also neglectful abuse, where caregivers fail to give disabled or elderly individuals the proper care and shelter they require. Any one of these can qualify for an order of protection.
Because abuse comes in many forms, you can file an order of protection for another person. You can also file them for any minors you care for and for people unable to seek orders of protection for themselves, such as the elderly or persons with disabilities. These orders are also known as restraining orders, and they require the abusive individual to stop the abuse. The judge may also require that the abuser stay away from the victim and not contact them or to pay child support and attend counseling.
A judge can issue a traditional order of protection if a victim files for one and the court deems the presented evidence as sufficient. In an extreme situation, a court can even issue an emergency order of protection. This will go into effect immediately, although in 14 to 21 days, the court will schedule a hearing to look into the matter further. The court can then issue a plenary order of protection, which is effective for up to two years. A victim can also file for a civil no-contact order if the person is not a member of their immediate family.
Judges can also grant victims interim orders of protection. These are issued when the court has not yet held a hearing yet, and they continue the other protection orders already in place. These orders can uphold other plenary orders of protection requirements, but they cannot require the accused to seek counseling or reimburse the victim for costs and damages.
This was only a quick guide to the different protection orders in Illinois, but there’s a lot more behind the scenes regarding evidence filings and representation. To ensure you’re adequately protected, contact Schiller DuCanto & Fleck—we have the best domestic violence lawyers in Chicago. We possess adept knowledge of Illinois abuse laws and can help you pursue or defend various charges.