Palatine Orders of Protection Attorneys
Our family law attorneys can help you obtain or defend against Orders of Protection to help ensure you, your children, and your rights as a parent are protected. Divorce is difficult enough, but when you are ending a difficult relationship, concerns about safety, your rights, and your relationship with your children can consume your life. You should never have to live in fear.
To learn more about Orders of Protection and how Callahan & Hockemeyer can help your family, call us at 847-543-6910.
What Are Orders of Protection?
In Illinois, Orders of Protection are court orders that protect victims of domestic violence/abuse from harm. Governed by the Illinois Domestic Violence Act, protection orders prevent the alleged abuser from entering the shared home while they are in effect. Additionally, Orders of Protection can:
- Prevent the alleged abuser from contacting the victim in person, via text, phone, or email, or by any other means.
- Ensure the protected party is awarded temporary custody of children.
- Require that parenting time between the alleged abuser and the children is supervised.
- Order the defendant to forfeit any firearms
- Order the alleged abuser to obtain counseling
- Hold the defendant liable for losses caused by abuse
Three Types of Orders of Protection in Illinois
In Illinois, there are three types of Orders of Protection. They are Emergency Orders, Plenary Orders, and Interim Orders.
Obtaining Emergency Orders of Protection in Palatine
With Emergency Orders of Protection (EOP), the victim is protected from harm right away. In most cases, an EOP can be obtained the same day the petition is filed and the respondent need not be present. This type of order is generally in effect for 21 days from the date the order becomes effective. When the courts order an EOP, they typically schedule a hearing for a Plenary Order of Protection. In the meantime, Interim Orders of Protection may be issued.
What Are Interim Orders of Protection?
Once the accused has been notified of the hearing date for Plenary Orders of Protection, the court may order Interim Orders. These orders are temporary, usually lasting up to 30 days, and are designed to protect the victim until the court has a chance to hear the case in its entirety and make a decision regarding more long term protections.
Plenary Orders of Protection
After a full hearing with the victim and the person accused of abuse in which both sides have the opportunity to present evidence, the courts will decide whether to issue Plenary Orders of Protection. While the accused must be notified and allowed to attend, he or she does not need to be present during the hearing for protection orders to be issued. However, the petitioner must be present at the hearing or the case will likely be dismissed. Plenary Orders of Protection generally last up to two years.
How Orders of Protection Are Enforced
In Illinois, Orders of Protection can be enforced in a variety of ways. If the abuser violates the orders:
- The abuser can be prosecuted in criminal court for any underlying criminal offense.
- The abuser can be prosecuted in criminal court for the independent offense of “Violation of Orders of Protection.” A first offense is a Class A misdemeanor. Further violations are prosecuted as Class 4 Felonies.
- Since protection orders are court orders, the violator can be charged with contempt.
Violators can face significant fines, liability for court costs and attorney’s fees, and jail time.
