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Orders of Protection
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An order of protection – more commonly known as a restraining order – is an order from a judge meant to protect a person from abuse, harassment or intimidation. The stereotypical situation is where a judge orders Person A to stay away from Person B. However, orders of protection cover a variety of situations. For example, the judge may order the abuser to stay away from the victim’s work, school, etc. The judge also can order counseling or include orders for care or custody of a child.
There are two main categories of protective orders – criminal and civil. The difference is whether the alleged abuse has been or will be handled by the police.
The criminal orders are issued in cases where there is a police report documenting a crime and the victim is willing to file criminal charges, or in cases where the abuser was arrested and charged with a domestic crime.
Civil orders of protection are granted based on a showing of a history of abuse; there is no requirement of a police report or arrest. If you need a protective order related to child custody or visitation, you apply for an order in civil court. Often these orders are linked to a divorce or custody case.
There is a limit on who can be protected by these orders. In general, orders are only issued for family members, household members, people who have a child together, and people who are dating or engaged.
If you think you need an order of protection, you need to apply to the correct court (either civil or criminal). The judge will hold a hearing to determine if an order is needed, who should be protected and what specific instructions to include. Emergency orders of protection are available. These generally last 14 to 21 days, and can be extended by the judge. There are “interim” orders of protection that last for 30 days, and full orders of protection that can last up to two years.
Violation of an order of protection is a crime. In Illinois, violating a protective order is a Class A misdemeanor and carries a penalty of up to a year in jail, as well as a fine. Depending on the criminal history of the defendant, a violation may be a felony. Even if an order has been entered against you unfairly, you generally must obey the order until it is removed.
Whether you need a protective order or one has been issued against you, we recommend that you consult with an attorney. A lawyer with experience, as well as a track record of success in domestic violence cases, will help you best protect yourself and your family. If it’s a criminal case we typically suggest that you speak with an Illinois criminal lawyer. If it’s a civil order of protection a family law attorney in Illinois will likely have the experience that you need.
If you would like to speak with one of our attorneys to ask questions or find the right attorney for your situation please contact us. We recognize that domestic violence cases are extremely sensitive, and our goal is to refer you to the best attorney for your unique situation.