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orders of protection, Illinois domestic violence attorneyThe state of Illinois takes the safety of its citizens seriously. The Illinois Domestic Violence Act allows a person who been abused or is in danger of being abused by a family member or romantic partner to request an order of protection against the abuser. There are several steps in the process of obtaining such an order and three different types of orders. If you have been the victim of domestic abuse, it is important to understand your options.

Emergency Order of Protection

The first type of protective order is called an emergency order of protection, or EOP. An EOP can be issued by a circuit court judge in the county in which the alleged abuser or victim lives or the county in which the abuse took place. The victim must petition the court for an emergency order of protection and provide testimony regarding the abuse. If the court determines that there is a credible threat to the safety of the victim, it may issue an emergency order of protection with prior notification to the alleged abuser. The court will also set a date for a hearing regarding a more permanent solution. The emergency order can remain in effect until that hearing or for up to a maximum of 21 days.

Plenary Order of Protection

A plenary order of protection is the most permanent type of protective order available in Illinois. It can be set to remain in effect for up to two years, and it can be renewed as many times as necessary. A plenary order of protection can only be issued after a hearing where both parties have the opportunity to present their cases. Each side may file motions, make arguments, and present evidence. A renewal hearing must be held before an existing plenary order can be extended for another two years.

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Rolling Meadows Domestic Violence AttorneysMost people are aware that orders of protection are tools available in Illinois to help prevent instances of domestic violence. When a judge issues an order of protection, the order limits the behavior of the alleged abuser and may restrict him or her from contacting the alleged victim or the victim’s children, among other restrictions. What happens, though, if you obtained an order of protection but no longer believe that you are in danger of abuse? Can you have the order dropped?

The answer is complicated, as it will depend entirely on the circumstances of your case. You can petition the court to vacate the order, but the court is not obligated to do so.

The Process

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against you, Rolling Meadows domestic abuse attorneysA quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?

Understanding the Order of Protection Process

It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.

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order of protection, Rolling Meadows domestic abuse lawyersThere is absolutely no question that domestic abuse and intimate partner violence are real problems in thousands of American households, including many right here in Northern Illinois. While many people are forced to suffer the effects of such abuse, sometimes allegations are exaggerated or even completely fabricated. Domestic violence, however, is such a sensitive and dangerous issue that claims of innocence by an alleged abuser are taken much less seriously than the allegations themselves. It is not unheard of for an order of protection to be issued based on false pretenses or misunderstandings, leaving the accused in very unfair position.

Comply With the Order

Under Illinois law, an emergency order of protection can be granted based on the testimony and evidence presented by a single party. The alleged abuser is not required to appear or provide his or her side of the story. When a victim is actually in danger, this process allows the person to obtain protection from an imminent threat quickly. When the allegations are overblown or totally made up, on the other hand, the process puts the accused at a serious disadvantage.

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violating, Rolling Meadows domestic violence attorneysFamily law disputes such as a custody battle, parental rights dispute, divorce, or separation can be emotionally taxing for everyone involved. Sometimes a spouse with a history of abuse or a hot temper can become dangerously hostile when he or she is facing [BW1] possible family changes. Domestic violence affects about 10 million men and women each year. In fact, studies show that approximately one third of all women and one quarter of all men will be victims of intimate partner violence at least once in their lives. It may be helpful to know that there are several legal options for those who wish to protect themselves or their children from an abusive spouse or other family member.

Orders of protection are legal tools which can help protect a person from the threat of imminent harm by an intimate partner. An emergency order of protection (EPO) can be easily acquired and is often the first step for a victim of domestic violence in seeking help. An EPO can be obtained without the permission or even notification of the alleged abuser. An emergency order is only meant to be temporary and can last up to 21 days.

In Illinois, a plenary order of protection is usually the next step after an emergency protection order. Obtaining a plenary order requires a hearing but the order can last for up to two years and is able to be renewed. Such protection orders can include various terms but usually require the alleged abuser to remain a certain distance away from the victim, as well as the victim’s home, children, and other family members.

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