What Types of Restraining Orders Are Available in Illinois?

 Posted on June 27, 2022 in Domestic Violence / Orders of Protection

For those in an abusive relationship, using the force of law to keep your abuser away can be the key to safety. By securing an order of protection, sometimes known as a restraining order, you can again begin to feel a level of safety in your home. At Calabrese Associates, P.C., we have been helping victims of domestic abuse for over 20 years and are ready to help you secure a restraining order to get you and your children the security you need.

Definition of Domestic Violence in Illinois

Under the Illinois Domestic Violence Act, an accused abuser must have a relationship with the victim. This can include current and former spouses, dating and romantic partners, family members including children and parents, and assistants to adults or children with disabilities.

Actions that are classified as acts of domestic violence include:

• Physical abuse, including sexual abuse, use of physical force, and behavior that puts the victim at risk of physical harm
• Harassment, including stalking and using the threat of physical force
• Intimidation of a dependent, including children or those the victim takes care of
• Interference with personal liberty, which is committing or threatening the victim with abuse to prevent them from doing something they want to do or forcing them to do something against their will
• Willful deprivation, which is purposely depriving an elderly or disabled person of the care they need, including food, shelter, medicine, and medical care

Three Types of Illinois Restraining Orders

To prevent further abuse, you can seek an order of protection. Orders of protection can place limits on the contact that an abuser can have with their victims, both physically and through other forms of communication. They may also be ordered to surrender firearms and other weapons and to attend domestic violence counseling. In Illinois, there are three different types of restraining orders:

• Emergency Order of Protection – This order, which can remain in effect for 14 to 21 days, can be granted by a judge after a hearing with the accuser. The accused does not need to be present or even know about the hearing.
• Plenary Order of Protection – This order can be put into place after a hearing with the accuser and the accused. If the accused does not show up, the order of protection will be granted. Either way, the order can last up to two years.
• Interim Order of Protection – If the accused has been served or attempts have been made to serve them with court documents, the judge may grant an interim order of protection, which can last up to 30 days.

Violating an order of protection can lead to severe legal consequences for the accused. Due to the pandemic, orders of protection can currently be filed online in Illinois. A recently passed law will make that change permanent.

Contact a DuPage County Domestic Violence Lawyer

For help getting an order of protection, contact a Naperville order of protection attorney at Calabrese Associates, P.C.. Our team will work quickly to get you and your children the security that you deserve. Call us today at 630-393-3111 to schedule an appointment.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214

https://www.illinoislegalaid.org/legal-information/3-types-orders-protection

https://www.womenslaw.org/laws/il/restraining-orders/orders-protection/basic-info