Obtaining an Order of Protection

Posted on June 10th, 2020 by Laura Peters

In this post, we’ll discuss Orders of Protection and Stalking No Contact Orders in Illinois. If you’re dealing with abuse, it’s important to know your rights under the law and how to go about enforcing them. It’s always advisable to speak with a qualified lawyer, like the experienced family law attorneys in Will County, Illinois, at Giannola Legal LLC, to make sure you are protected to the fullest extent possible.

Order of Protection

You are eligible for an Order of Protection if you have suffered abuse from a family member or a member of your household. Under Illinois law, the definition of “abuse” is extensive and includes many different behaviors, from physical violence to intimidation.

Typically, an Order of Protection will require the abuser to avoid contact with you, but the judge can also grant you additional remedies. These may include (but are not limited to) requiring the abuser to pay monetary damages, requiring the abuser to leave your shared residence, or requiring the abuser to attend counseling.

The first step to getting an Order of Protection is to file a Petition for Order of Protection with the court. There will then be a hearing where both parties can present their arguments to the judge before he makes his final decision. A Petition for an Emergency Order of Protection can also be filed, in which only the person requesting the Order of Protection is present for the initial hearing. If the Judge feels that you have supplied enough facts and information to justify the Order, a Temporary Emergency Order of Protection will be issued on the spot and a hearing date will be set. You will then be required to serve the other party with the order so they can appear at the hearing to defend themselves.

If the abuser violates the Order of Protection, he/she can be charged with a Class A misdemeanor, which could mean up to one year in jail.

Steps To Obtain An Order of ProtectionSteps To Obtain An Emergency Order of Protection

Stalking No Contact Order

Unlike Orders of Protection which cover a wide range of abusive behaviors, Stalking No Contact Orders are only appropriate when someone has exhibited a pattern of “stalking” behaviors. Examples of stalking behavior in Illinois include making threats, following you, damaging property, or repeatedly making unwanted contact.

The process to obtain a Stalking No Contact Order is similar to getting an Order of Protection. You must first file a Petition for Stalking No Contact Order, then have a hearing in front of the judge. If the judge grants the Stalking No Contact Order, he can prohibit any stalking behavior,
require the stalker to stay away from you and places you frequently visit (your home, work, etc.), or limit the stalker’s ability to own a firearm.

If the stalker violates the Order of Protection, he/she can be charged with a Class A misdemeanor, which could result in up to one year in jail.

As always, it is best to consult with an attorney such as Giannola Legal LLC’s family law attorneys in Will County, Illinois and serving the surrounding areas. Our attorneys are experienced in both the family law sector and criminal sector, the perfect fit for your Order of Protection/Stalking No Contact Order needs.

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