Kane County Divorce & Family Law Attorney
Order of Protection Defense In Kane, DuPage & Cook County
Domestic violence and abuse are taken very seriously in Illinois, and state law allows victims to ensure their safety through an order of protection. If someone is in danger of harm from a family member, spouse, domestic partner, or caregiver, they can receive an order of protection which will force the abuser to stay away from them, refrain from contacting them, and, if necessary, pay child support or spousal support.
While orders of protection are vital for protecting the safety of victims of abuse, they can be misused, especially during a contentious divorce in which one spouse seeks to gain an upper hand in disputes over child custody. If you have been served with an order of protection, you should be sure you understand your rights and meet your legal requirements.
TYPES OF ORDERS OF PROTECTION
Illinois law provides for three types of protective orders:
Emergency order of protection - When an alleged victim first seeks an order of protection, they typically file a petition for an emergency order. In a hearing for an emergency order, the respondent is not required to be present, and a judge will usually grant the petitioner’s requests. An emergency order will last for 14 to 21 days, and a date will be set for a hearing to determine whether to extend the order.
Interim order of protection - After a respondent has been served with an order of protection, an interim order can be used to extend the order for up to 30 days until a hearing can be held.
Plenary order of protection - After a hearing has been held in which both the petitioner and respondent will be able to present arguments, a judge will decide whether the order should remain in effect. A plenary order can last for up to two years.
WHAT TO DO IF YOU'VE BEEN SERVED WITH AN ORDER OF PROTECTION
Since an emergency order of protection can be granted against you without your knowledge or the chance to present your own side, you will likely be in distress as you are cut off from your spouse or children. However, it is important to abide by the terms of the order until the hearing is held, including refraining from attempting to contact anyone protected by the order by phone, email, text message, or sending a message through a friend or family member. Violating an order of protection is a Class A misdemeanor, which is punishable by up to one year in prison and $2,500 in fines.
As you prepare for the hearing which will decide whether a plenary order of protection will be granted, you should gather evidence in your favor, such as receipts or phone records which show that you were not present at the time that the alleged abuse took place. If possible, you can ask witnesses who were present during any alleged incidents to testify on your behalf, describing what actually happened or pointing out any falsehoods.
CONTACT AN EXPERIENCED ATTORNEY
If you are dealing with divorce or other family law matters, contact us today for a free consultation! From our law offices in Aurora & Chicago Illinois, Ramirez Law proudly serves clients throughout Kane County, DuPage County, Kendall County and Cook County including, but not limited to, North Aurora, Batavia, Geneva, St. Charles, Elgin, Wheaton, Warrenville, Naperville, Elburn, Campton Hills, Wayne, Winfield and the city of Chicago.