An order of protection, sometimes referred to as a restraining order, is a court order that restricts an individual accused of threatening or abusive behavior from continuing their behavior against the accuser. Abuse includes physical abuse, harassment, intimidation, or interference with personal property.
There are several ways an order of protection can be obtained. You can file an order of protection through an attorney, request one with your divorce petition, request a criminal order of protection if there have been criminal charges filed against the alleged abuser, or contact a local domestic violence program for help.
Illinois Order of Protection
Some of the issues that may be addressed in an order of protection include:
- Forbid the individual from entering a shared residence
- Order the individual to stay away from you and others included in the order (areas include work, school, or other specific locations)
- Require the individual to attend counseling or group meetings
- Prohibit the individual from hiding your child from you or taking him/her out of state without your knowledge or permission
- Require the individual to appear in court
- Give you temporary legal custody of your child
- Request a change in parenting time/visitation rights
- Keep you and your child’s records a private matter
- Require the individual to pay child support for minor children living with you, require the individual to pay for losses or emotional suffering you endured from the abuse, and/or require the individual to pay for your or your child’s living situation or counseling sessions
- Demand the individual to turn over weapons (knives, guns, spears, swords, etc.) to local law enforcement (if there is danger or past charges involving illegal weapons against you and/or your child)
- Prohibit the individual from carrying out any additional actions listed within the order
Violating an Order of Protection
Violating an order of protection in Illinois is a Class A misdemeanor, and carries a maximum jail sentence of up to a year, as well as a $2,500.00 fine. The court may also require the offender to complete community service, counseling (if not already requested within the order of protection), or probation.
A second violation (or a violation after conviction of a serious crime against a family or household member) can be charged as a Class 4 felony. Class 4 felony charges can result in a one- to three-year prison sentence and a $25,000 fine.
Contact an Elmhurst, Illinois Order of Protection Attorney Today
If you are a victim of domestic violence, call our office to find out how we can help you obtain an order of protection. Contact a DuPage County, Illinois order of protection attorney at Weiss-Kunz & Oliver, LLP at 312-605-4041 today.