Remedies Available in an Illinois Order of Protection

 Posted on October 26, 2022 in Domestic Violence

The period during which a victim of domestic violence attempts to escape the relationship, often by way of a divorce, can be a dangerous period. Many abusers react strongly to the prospect of losing a person they intend to retain complete control over. There may be an elevated risk of further violence, harassment, or intimidation during the time in which you are making a plan to exit. Seeking an Illinois Order of Protection may be one way to mitigate these risks. Orders of Protection can forbid the abuser from engaging in certain forms of conduct that may have a frightening or harmful effect on you. Your children may also be eligible to receive protection using one of these orders. 

Before you file for a protection order, it is best to speak with an attorney. While many do seek these orders unrepresented, it is important to know that if the abuser will not consent to the order, you may be required to attend a formal hearing where the party you are seeking an order of protection against or their attorney may have the opportunity to question you and vice-versa. These hearings are best handled by a qualified lawyer. 

Terms that May be Included in an Order of Protection

During the process of seeking an order of protection, you will generally have an opportunity to explain to the court what types of terms you would like included in the order. The pertinent terms may vary depending on a number of factors, including the nature of the abuse you have faced and your living situation. Remedies set out by statute which may be available in a protection order include: 

• Prohibit further abuse - “Abuse” prohibited may include physical violence, threats, harassment, intimidation, and any actions which interfere with your personal liberty.

• Distancing - A protection order can prevent the abuser from entering your physical proximity, often by a distance of 500 or 750 feet, even if you see each other in public. The order can also keep the abuser away from your workplace and your or your children’s schools and other particular locations you often visit. 

• Mandate counseling - The court can order your abuser to attend counseling, often relating to anger management or substance abuse. Not only can effective mental health care make your abuser less likely to re-offend, but their care provider can monitor them for any signs that they are preparing to hurt you and report it to protect you. 

• Child custody - Temporary orders related to child custody and visitation may be placed to protect the children involved. 

If you need protection from an abuser while you try to leave, an Illinois Order of Protection may be an excellent strategy. 

Contact a Will County Order of Protection Lawyer

The Foray Firm is skilled in helping victims of domestic abuse obtain the protection orders they need to stay safe. Our caring Joliet order of protection attorneys will do everything we can to ensure that you and your children are adequately protected. Call 312-702-1293 for a confidential consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214