Recently, we updated Divorce in Illinois: A Guide for the Client page on our website to incorporate the sweeping changes made to the Illinois Marriage...
Illinois Parenting Agreements and the New Guidelines
December 16, 2016
Experienced Illinois Domestic Violence Act Attorney · Orders of Protection
March 2, 2018
No person should be subjected to threats and abuse. You have the right to feel safe from violence and threats of violence including harassing, stalking, intimidating, and/or interfering with the personal liberty of you and your dependents.
Illinois recognizes domestic violence as a serious crime, but victims do not always seek police intervention. In response to these situations, Illinois adopted the Illinois Domestic Violence Act (IDVA) to support the efforts of victims to avoid further abuse. IDVA allows victims to petition for an order of protection in civil court. An order of protection is a court order that prohibits an abuser from continuing threats and abuse including physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation.
An Order of Protection may be issued under the Illinois Domestic Violence Act for abused victims who are family or household members including: family members related by blood; people who are married or used to be married; people who share or used to share a home, apartment, or other common dwelling; people who have or allegedly have child in common or a blood relationship through a child in common; people who are dating or engaged or used to date, including same sex couples; and people with disabilities and their personal assistants.
There are three types of orders of protection available under Illinois law:
Emergency orders may be granted immediately based on the victim’s testimony and affidavit for up to 21 days. The other party does not need to be present at the time of the petition. In order to extend the order of protection you must appear for the extension hearing scheduled by the Judge.
Interim orders are an extension of the emergency order and may be granted to protect victims between the expiration of the emergency order and the occurrence of a full court hearing. Interim orders are granted up to 30 days beyond the expiration of the emergency order.
Plenary orders may be granted for up to two years and require a hearing in which the other party will have the opportunity to refute your claims and provide evidence that the order should not be granted. The judge determines the duration of a plenary order of protection.
If you feel that you or a member of your family is in immediate danger of physical or psychological harm from a household or family member as defined above, you are entitled to seek an order of protection through the Cook County, DuPage County, Kane County, Lake County and McHenry County courts. The Law Office of Robert S. Medansky will expedite your petition through the court in your county of residence.
You should always obey court orders, even when you disagree with them. Violating an order of protection is a crime and the abuser could go to jail. If you have been falsely served with a protective order, the Law office of Robert S. Medansky can help you to organize your defense and restore your reputation through the courts.