What is a protective order?
A protective order is a court order that stops or prevents another person from engaging in abusive behavior such as physical or mental abuse, harassment or stalking. In some situations, the orders can be used to determine child custody, child support or counseling arrangements.

Who can obtain a protective order?
Adults in Illinois may obtain protective orders from either their nearest courthouse, the courthouse where property is located if the property is part of the order, or the courthouse where a related case (for instance a divorce or criminal case) is already taking place. Minors are generally allowed to obtain protective orders themselves in these same locations; however, in Cook County a parent or guardian must file on behalf of the minor.

Who can I obtain a protective order against?
You can only file for protective orders against household and family members. This includes relatives like spouses and ex-spouses, children, parents and siblings and household members like live-in boyfriends and girlfriends or roommates. You may also apply for an order against certain other individuals, even if you are not related and they never lived in your household, including current and ex-significant others, caregivers, and the other parent of your child.

Do protective orders apply to same-sex partners?
Yes, all the rules for protective orders apply equally to people involved in same-sex relationships.

What are the three types of protective orders?
Depending on the situation, you can obtain an emergency, interim or plenary protective order. You can receive an emergency order without the other party appearing in court. The order will typically last between 14 and 21 days, until a formal hearing can be scheduled. A plenary order is permanent, lasting up to 2 years with unlimited renewals, if appropriate. The plenary order is issued only after a formal hearing where both parties argue before the court whether they think the order is needed. An interim order is issued by the court, if necessary, to extend the protective order between the end of the emergency order and the hearing for the plenary order. Both parties will need to appear before the court before the interim order is issued.

When is a criminal protective order appropriate?
A criminal protective order is used when the other person has already committed a crime against you, such as abuse or harassment. As long as you agree to press charges and testify against the other person, you will receive the protective order you request. However, the order typically ends once the case is over. In addition, criminal protective orders do not apply to issues involving child custody, child support or counseling.

When is a civil protective order appropriate?
The benefit of a civil protective order is that you can obtain it before you have been mentally or physically harmed by another person and, if you receive a plenary order, it can be renewed indefinitely, if appropriate. You should file the petition for the order with the county clerk. Be sure to bring detailed information on specific behaviors, including dates if possible, that make you feel the order is necessary. This information is used to establish a “pattern of abuse” which is necessary to obtain the order.

If you are submitting a petition for an emergency order, the judge will review it, decide whether to grant your order, and if your emergency order is granted, will schedule a date for a plenary order hearing. If you submit a petition for a plenary order, the judge will schedule the plenary order hearing date. If a plenary order is schedule for you, you must attend – if you don’t attend, your order won’t be granted.

Can I violate the protective order?
If you have had a protective order filed against you, you must obey the order. Violating the order can be punishable by fines or even by jail time. If you disagree with the order, you must attend or schedule a hearing in court and try to have the order lifted. Until the order is lifted, you must obey, or you will face penalties.

When someone is in police custody and being questioned about a crime that has taken place, the police must give Miranda warnings. The right to remain silent is included in the Miranda warnings to protect a suspect from self-incrimination. You have probably heard this warning before on TV or in the movies.

Anyone who finds himself in this situation should remain silent because, as the Miranda warning states, anything you say can and will be used against you.

If you have started talking and suddenly remember your right to remain silent, stop! It is worth stressing that it is always best to exercise your right to remain silent from the start of your time in police custody. However, you can still exercise it if you happen to remember your right during the questioning. Exercising this right in Illinois, or any state, does not require any specific language. Just say that you are doing so or simply say nothing. The police must stop questioning.

“Good cop/Bad cop” doesn’t just happen in the movies and it is not always dramatic. For example, if you are questioned about shoplifting, the “good cop” might tell you it is routine and try to convince you to talk. Remain silent. You have the right to remain silent and should exercise it, no matter how informal the situation may seem.

Don’t forget your right regarding written statements. Your signature “speaks” for you and whatever you sign – a confession or even a simple statement – can and will be used against you.

You may have done nothing wrong and your words may seem harmless but once you have said them – verbally or in a written statement – they can still be twisted and later used against you.

After you are released from police custody, don’t talk to anyone, including family members, friends or co-workers. By talking to anyone, you have instantly involved that person and he or she can all be called as a witness against you. That said, you do have attorney-client privilege with a lawyer and can speak freely with them.

If you find yourself being questioned in police custody, remain calm and simply ask to have your attorney present.