Orders of Protection, also known as restraining orders, are a powerful legal prohibition against an alleged abuser coming into contact with, or even coming within a certain distance of, an alleged victim. Although Orders of Protection are important and necessary in genuine situations of abuse, they can also be weaponized by people who are not acting in good faith. To learn more about Orders of Protection in Illinois, including when they can be implemented and removed, read on.

Types of Orders of Protection

Illinois law provides three basic types of Orders of Protection: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. It is important to understand what each order entails and when it can be used.

• Emergency Orders of Protection can be obtained right away, without obtaining testimony from the alleged abuser. They can last up to 21 days and can prohibit an abuser from coming into contact with the victim. Even if you believe that an Emergency Order of Protection has been wrongly filed against you, it is important to abide by its terms because violating Orders of Protection carries serious consequences. There will be time to contest a further Order of Protection in the future.
• Interim Orders of Protection are meant to extend an Emergency Order of Protection if there has not been an opportunity to have a final hearing about whether an extended Order of Protection is necessary.
• Plenary Orders of Protection are final orders that a court gives after hearing testimony from both parties. Although the alleged abuser must be notified about the hearing, they may not come. In this case, the Plenary Order and its terms will be approved and can last up to two years, offering a victim the greatest form of legal protection available. If you have been notified of a hearing for a Plenary Order of Protection against you, it is crucial that you attend the hearing; once a permanent Order of Protection is put in place, it is very difficult to challenge it.

Challenging an Order of Protection

If you feel you have been wrongly targeted by an Order of Protection, it is important to comply until you have an opportunity to challenge it in court. Penalties for failing to comply include fines and even jail time. You will be notified of a court hearing, where you can challenge the testimony of your accuser and offer evidence that contradicts his or her claims. It is important to have an experienced family law attorney by your side during the hearing.

Domestic abuse is a serious criminal offense in many states. According to the Illinois Domestic Violence law, any person who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has broken the law. In many cases, a spouse may accuse his or her partner of abuse during their marriage. If the alleged victim fears for his or her safety, he or she can obtain an order of protection. This is a legal document that restricts the alleged abuser from doing certain things. For example, contacting the alleged victim via phone or coming within a certain distance of his or her home or work. Any violation of a protective order can result in serious penalties in Illinois. 

Types of Protective Orders

Often called a “restraining order,” an order of protection may be issued against someone who is accused of domestic violence. Basically, these types of orders prohibit an alleged abuser from continuing to threaten or abuse the person who obtained the order. Besides physical abuse, this may also include intimidation, interference with personal liberty, or willful deprivation. 

Domestic battery charges in Illinois are a serious matter. A fight or argument that escalates and gets out of hand can easily result in law enforcement being called and you being placed in handcuffs. If criminal charges are filed against you, the first offense of domestic battery can result in a jail sentence of up to one year. If you have prior convictions for domestic battery, you may face between one and three years in prison. Because a conviction for domestic battery can result in such severe consequences, individuals charged with this offense may make every attempt to have the charges reduced or dismissed altogether.

The Victim’s Testimony is Important – But Not Necessarily Critical

One of the more common methods of seeking a dismissal that domestic battery defendants attempt to employ is to speak with the victim him- or herself and ask that he or she have the charges dropped. Setting aside for the moment any consideration of whether the defendant’s act of contacting the identified victim in a domestic battery case would violate the defendant’s conditions of bond, this method is not as effective as it might first appear.