When and how can I seek an Order of Protection for domestic violence, stalking, or harassment?
The process to obtain an Order of Protection involves several steps:
1. Filing a Petition: The first step is to file a petition for an Order of Protection at the circuit court in the county where either the petitioner or the respondent resides or where the abuse occurred. The petitioner (the person seeking protection) fills out the necessary forms, providing detailed information about the incidents of abuse or harassment.
2. Emergency Order of Protection: In emergency situations, the petitioner can request a temporary Order of Protection, also known as an emergency order. This temporary order can be issued without the respondent being present, based solely on the petitioner's testimony and evidence. If granted, it provides immediate protection until a hearing can be held which usually occurs within 21 days of entry of the emergency order. The petitioner must ensure that the respondent (the alleged abuser) is served with a copy of the petition and notice of the hearing. This is typically done by a law enforcement officer or a process server.
3. Relationship with Respondent and Children on Orders: To obtain an order of protection there must exist a relationship between the Petitioner and the Respondent which is defined by the statute. Additionally, when a Petitioner files for an Order of Protection, they can request protection not only for themselves but also for their children or other family or household members who may be at risk of harm from the Respondent. Including children in the order ensures that they are also legally protected from any potential harm or abuse and may include other addresses, such as schools and day care facilities, as additional protected addresses.
4. Hearing: At the hearing, both the petitioner and the respondent have the opportunity to present evidence and testimony. The judge will consider the evidence and decide whether to issue a plenary Order of Protection. If the respondent fails to appear at the hearing, the judge may still issue the order based on the petitioner's testimony and evidence.
5. Plenary Order: If the judge finds that the petitioner has proven the need for protection, they will issue a plenary Order of Protection. This order can last for up to two years and may include provisions such as prohibiting the respondent from contacting the petitioner, staying away from their home or workplace, and surrendering firearms.
6. Enforcement: Once issued, the Order of Protection is enforceable by law enforcement. Violating the order can result in criminal penalties for the respondent.
It's important to note that while the process may seem straightforward, navigating the legal system can be complex, especially in cases involving domestic violence or abuse. It's often advisable to seek assistance from a skilled family law attorney, like Denise Kuzniewski. Additionally, many counties in Illinois offer resources such as victim advocates who can provide support and assistance to individuals seeking Orders of Protection
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