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Chicago Order of Protection Lawyer

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What Is An Order of Protection?

An order of protection, also known as a protective order, is a legal document that protects individuals who are facing domestic violence, harassment, stalking, or any form of domestic abuse. This court-issued order prohibits the respondent from contacting the petitioner by any means and prohibits entry to protected places such as their home, workplace, and other specified locations.

Do I Need A Lawyer to Obtain an Order of Protection?

While it is not required, any individual contemplating filing for an order of protection is strongly encouraged to consult an experienced attorney who can provide legal representation during this process.

What Is The Process of Filing an Order of Protection In Chicago?

In Cook County, a Petition for an Order of Protection can be filed at any of the six municipal district courthouses located at:

  • Domestic Violence Courthouse is at 555 W. Harrison Street, Chicago, IL.
  • Skokie Courthouse, 2nd District Cook County. Located at 5600 Old Orchard Rd., Skokie, IL. 
  • Rolling Meadows Courthouse, 3rd District, Cook County. Located at 2121 Euclid Ave., Rolling Meadows, IL. 
  • Maywood Courthouse, 4th District, Cook County. Located at 1311 Maybrook Dr, Maywood, IL. 
  • Bridgeview Courthouse, 5th District, Cook County. Located at 10220 S 76th Ave., Bridgeview, IL. 
  • Markham Courthouse, 6th District, Cook County. Located at 16501 Kedzie Ave, Markham, IL.

 

The process of obtaining an order of protection in Chicago typically begins with the petitioner filing a petition with the court. This petition outlines the details of the alleged acts of abuse, physical violence, or risk of harm and requests an order of protection.

The petitioner should provide as much detailed information as possible, including dates, times, and specific incidents to support their allegations of abuse at a later hearing.

Once the petition is filed, a judge will review it and may issue an emergency order of protection if they deem it necessary to provide immediate protection on an emergency basis. An Emergency Order can be granted without a hearing and is valid for a short period of time, usually 21 days or until a hearing can be scheduled.

How Many Times Will I Have To Go To Court?

After the Emergency Order is issued, a hearing will be scheduled within a set timeframe dictated by the court schedule. Both the petitioner and the accused party will be notified of the hearing date.

Both parties need to appear in court and may have to appear several times before the hearing is scheduled. If the petitioner fails to come to court, their petition for an order of protection may be dismissed.

False Accusations To Obtain Order of Protection

In many instances, especially during the pendency of divorce proceedings, one party will attempt to leverage the legal process by bringing forth false accusations.

These may include allegations of child abuse, emotional abuse, child endangerment, and similar types of false accusations.

The person making these accusations will do so in an attempt to gain sole custody of the minor children, initiate criminal prosecution against the other spouse, or gain exclusive possession of the marital residence.

In such instances, it is highly advised to retain the services of an experienced criminal defense attorney as soon as possible.

What Are the Different Types of Order of Protection?

Orders of Protection are designed to protect an individual from another from abuse or potential abuse.

No Contact by Any Means protection orders can only be issued against protected family members, blood relatives, roommates, and people in past or present dating relationships.

No Stalking orders of protection can be issued against anyone if a pattern of stalking is shown. Section 740 ILCS 21/10 of the Illinois Domestic Violence Act defines a pattern of stalking as two or more acts of surveillance or threats that cause emotional distress.

No Unlawful Contact Orders of Protection allow causal contact between the parties but prohibit unlawful acts such as harassment, interference with personal liberty, and mental or physical abuse.

Emergency Order of Protection

An order of protection proceeding is considered independent of any other legal action that parties may take against one another. The only exception to this rule is if the parties are divorced or currently going through a divorce process. In this instance, the divorce judge will preside over the case.

Every independent order of protection proceeding begins with the party claiming abuse having to file a Petition for an Order of Protection. Generally, the petition is filed in the Domestic Violence Division of the court.

The person filing the petition writes out individual incidences of domestic abuse and tells the judge why he or she believes an order of protection should be granted. If the judge believes an emergency exists, the court will enter an Emergency Order of Protection.

An Emergency Order is only suitable for 21 days. During this time, the person accused of abusing the petitioner can respond and defend against the claim.

At this stage of the legal process, it is highly advisable to retain the legal services of an experienced order of protection defense attorney, Mitch Furman.

Interim Orders of Protection

An interim Order of Protection maintains the victim’s safety and well-being until the court makes a final decision. It ensures that the petitioner remains protected from any further abuse or contact with the alleged abuser during the legal process.

Plenary Orders of Protection

Following the Interim Order of Protection, the court may grant entry of the Plenary Order of Protection. This usually occurs after a hearing and only if the judge determines that the order entry will prevent future abuse. A Plenary Order of protection is good for up to two years and is designed to provide extended protection for the victim.

To obtain a Plenary Order of Protection, the petitioner must present substantial evidence of abuse and prove by preponderance of evidence that they have been a victim of abuse or that there is a risk of harm.

This evidence should support the initial petition’s claims and include medical records, police reports, witness testimonies, and other relevant documentation.

Hearing on Petition for Order of Protection

During the hearing for entry of a Plenary Order of Protection, both parties can present their cases and provide evidence. The petitioner will present their case first, providing evidence and testimonies to support their claims of abuse or risk of harm.

The accused party will be able to respond to the allegations and present their defense. They can contest the allegations, present witnesses or evidence to counter the petitioner’s claims and defend themselves against the order of protection.

At this stage, it is essential to have the representation of an experienced Chicago order of protection lawyer. A skilled order of protection attorney can help you gather and present evidence, cross-examine witnesses, and argue in favor of their client’s rights and interests.

Neither party is required to retain the services of a protection order attorney, but having an experienced lawyer represent you at a hearing will greatly improve your likelihood of winning the case.

After the hearing for entry of the plenary order of protection, the judge will consider the evidence from both sides and determine whether to grant it. If the judge grants the order of protection, it will outline specific provisions to protect the petitioner.

Order of Protection vs. Restraining Order

Many people believe an Order of Protection is the same as a Restraining Order. While both may imply something similar, they differ in intent and enforcement. 

Orders of Protection usually consist of an independent proceeding and are issued in Domestic Violence Court, with one main exception. If a divorce is filed, any of the parties may seek an order of protection. The order of protection proceedings will be consolidated with a divorce case and heard before the divorce judge.

Retraining Orders are routinely granted by the Domestic Relations Court, where the Divorce Court Judge will order a party to prohibit certain behaviors, such as not paying a bill during the divorce.

Consequences of Order of Protection

While an Order of Protection is civil. The consequences of having it entered against you are far-reaching and can have criminal implications.

If you are a gun owner and have an F.O.I.D. card, you must turn over your card and weapons to the police department during the pendency of the Order of Protection. This can be as long as two years.

Additionally, if you violate the order of protection that was entered against you. You will be facing criminal charges and may face jail time.

Contact my firm today to start working with an aggressive and renowned criminal defense lawyer. Let Chicago Criminal Defense Attorney, Law Offices of Mitch Furman fight for you!

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