Understanding Domestic Violence Orders of Protection in Illinois

 Posted on October 11, 2018 in Uncategorized

It is normal to have disagreements with those you are close to, but sometimes those disagreements can escalate quickly, and things can get heated. If there are allegations that you were violent or abusive toward someone you were close to, you can be accused of domestic violence, and if you are convicted, this charge can follow you for the rest of your life. If an order of protection is filed against you, living your life normally will be very difficult, which is why it is important to choose an adept defense attorney if you have been accused of domestic violence.

Illinois’ Definition of Domestic Violence

Domestic violence takes place between “family or household members” and occurs when one of them commits an act of “abuse” against another. According to the Illinois Domestic Violence Act of 1986, family or household members can be:

• Spouses or former spouses;
• Parents or children and stepchildren;
• People who share a home or used to share a home;
• People who are dating or engaged or who used to date or were engaged; or
• People with intellectual disabilities and their caretakers.

Types of Orders of Protection

In Illinois, there are three different types of orders of protection that can be obtained by victims of domestic violence, each with different stipulations and different lengths of time in which they are active:

Emergency Orders of Protection: This type of order can be issued against a person as long as there is reason to believe the person has committed some sort of abuse against the victim. Respondents do not have to be present for the issuance of the order. The order is effective immediately after a judge signs it and can include remedies such as granting the victim exclusive residence and prohibiting further abuse. If you are hit with an emergency order of protection, you will need to show up in court on the specified date to fight your domestic violence charges. Typically, these orders last between 14 and 21 days.

Interim Orders of Protection: These types of orders are often issued after an emergency order has expired and the hearing for a plenary order of protection has not yet taken place. These orders last for 30 days, and they can include the same remedies as emergency orders.

Plenary Orders of Protection: These are the “permanent” orders of protection that can last up to two years and which dictate what you can and cannot do during the time the order is in effect. Plenary orders of protection can include remedies such as, but not limited to:

• Prohibiting further abuse;
• Prohibiting you from re-entering your home if it is shared with the victim;
• Prohibiting you from going near the victim or their residence, work, or school;
• Prohibiting you from having a firearm in your possession;
• Requiring you to attend counseling;
• Requiring you to give up specific property and prohibiting you from taking other property;

Contact a Will County Criminal Defense Attorney

Domestic violence charges can follow you for the rest of your life, and orders of protection can make your life very difficult while impacting your relationship with your family and your children. If you have been accused of domestic violence, it is in your best interests to contact an experienced Joliet domestic violence defense lawyer right away. The Law Offices of Jack L. Zaremba, P.C. can help you fight these charges and clear your name. Call our office at 815-740-4025 to set up a free consultation.