Orders of Protection.
If you are being abused or seriously harassed you may obtain a court order evicting your spouse or significant other with whom you share joint ownership or control of property or a home, and ordering him or her not to come in contact with you. Such an order of protection in Illinois can be obtained on an emergency basis without giving notice under certain circumstances.
An Order of Protection is a legal and enforceable document issued by a court which protects an abused or harassed victim. The purpose of the order is to prohibit and make it illegal for an offender to abuse, harass, interfere with personal liberty or stalk another.
This Act protects “family or household members” and does not limit protection to women only.
A “family or household member” includes spouses, former spouses, parents, children, stepchildren, persons who have or allegedly have a child in common, persons who have or have had a dating or engagement relationship, and persons with disabilities.
Abuse includes “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.” “Harassment” includes conduct such as bothering a person at home or at work, repeatedly calling a person at home or at work, following a person in public places, keeping a person under surveillance (meaning someone remains outside your home, school, place of employment, car or peeks in your windows), or threatening physical violence on more than one occasion.
Wrongful concealment of a child or repeated threats to conceal a child can result in an Order of Protection. A single threat following an actual or attempted improper removal of a child can also result in an Order of Protection.
An emergency order of protection remains in force up to 21 days, and is issued by the court without notice to the alleged abuser if there is a likelihood that more harm would come to the victim if notice were given to the abuser.
An interim order of protection remains in effect for up to 30 days and is issued if notice has been served on the alleged abuser or the alleged abuser filed an appearance with the court. A plenary order of protection can be in effect throughout the pending case (e.g., a divorce case), but usually does not extend beyond two years.
A police officer can arrest a person if the officer believes the person committed or is about to commit a crime, including a violation of an Order of Protection. The police can verify the existence of the Order of Protection by telephone or police radio, but you should carry a copy of the Order of Protection with you at all times.
If you are the accused and are subject to an Order of Protection, First, you will have been served with an Emergency Petition and Order of Protection by the sheriff’s department. Even though you may have not done the things stated in the Petition, you must comply with the Order of Protection, or be subject to arrest.
The Order of Protection will have a date for a hearing. You must attend the hearing to state your side of the situation and contest the Order of Protection. If you fail to show at the hearing, the Order of Protection will become final and lasts for a period of two years.
It is not uncommon for spouses to obtain an Order of Protection to harass or use as leverage for parenting time of your children or to have possession of the house. Orders of Protection have been misused by those who want to use the process to intimidate the other spouse, harass and override a fair hearing. There are civil and criminal sanctions available to one who has been subjected to wrongful filing of Petitions for Orders of Protection.
An adult can obtain an order of protection on behalf of a child. The Illinois Domestic Violence Act allows a party to obtain an order of protection “by any person on behalf of a minor child … who has been abused by a family or household member and who, because of age … cannot file the petition.”