Orders of Protection Illinois

Orders of Protection Illinois

Understanding Orders of Protection in Illinois

If you’re in a situation where you feel your safety is at risk, you may want to take extra precautions to protect yourself. In Illinois, you can file a protective order to stop harassment or abuse that you may be experiencing. If you are a victim of abuse, take a moment to better understand orders of protection in Illinois. You need to know what you can do to protect yourself. The good news is that an order of protection is enforceable. But you must take the right steps to obtain this court-ordered protection. Here’s what you need to know.

What is an Order of Protection?

An order of protection is one of four different types of protection orders that are defined by the Illinois Attorney General. The other protection orders are specific to stalking, firearms, and sexual assault where the victim has no connection to the abuser. An order of protection is specific to cases of domestic abuse where the victim has a relationship with the abuser or who lives in the home with you. The court issues this document and a judge signes it, and if the abuser violates the order, punishment can be steep. The first violation is a Class A misdemeanor, which can result in fines and jail time of up to one year. A second violation is a Class 4 felony, which can result in heavy fines and jail time between one and three years.

Who is Eligible to File?

If you’ve been a victim of domestic violence, you are eligible to file one of these orders of protection in Illinois. In fact, the Illinois Supreme Court outlines who is eligible to file for an order of protection. They can be filed against a family or household and it can be used for caregivers, current or ex-romantic partners, a current and ex-spouse, a person with whom you live or used to live, or someone who is the parent of your child. In addition, an order of protection can be filed for children and adults with disabilities. That means anyone experiencing abuse can be protected from the abuser.

When Should You File?

If you are a victim, it’s critical for you to file immediately to keep yourself and any other loved ones safe. It’s important to know that if you are in immediate danger, you may want to consider an emergency order of protection. In this situation, a judge can grant an approval that lasts between 14 and 21 days to give yourself immediate protection. However, you should file a subsequent plenary order of protection in which the person accused of abuse must face the judge. If granted, the order of protection then lasts up to two years in Illinois. Keep in mind that you may want to take additional precautions if stalking or firearms are involved.

Getting Help with the Process

If you need to find any orders of protection in Illinois, the state has a process you must follow. You’ll first request a petition from the court or your local circuit clerk. You can also visit a domestic violence shelter for help. From there, you’ll file the order or protection with the circuit clerk. Your abuser will be served with details of the case. Therefore, make sure to take extra steps to protect yourself during this time. Once your hearing begins, you’ll be one step closer to ensuring your own safety and protection. Before you begin, its best to find a lawyer who can navigate these situations alongside you. In Peoria, that lawyer is Borsberry Law.

Orders of Protection Illinois

Call Borsberry Law

Borsberry Law are the experts at keeping you safe and protected from abuse. In fact, we know the Illinois Domestic Violence Act inside and out. Just as importantly, we can help you begin the steps to file one of these orders of protection in Illinois. It’s best to focus on keeping yourself and your kids, pets, or other family members safe during this time. We’ll be here with you every step of the way. And we will navigate the legal landscape on your behalf so you can start to heal.

The experienced attorneys at Borsberry Law have served Central Illinois for more than two decades. With our team on your side, you’ll have experienced and trustworthy lawyers who will ensure you get the best outcome for your case. With us working on your behalf, we’ll make sure you stay safe and have freedom from violence for the future, too.  Contact us today at 309-637-9000 for a free consultation or fill out our online request form to learn more. We look forward to helping you move forward.