An Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect a victim of domestic abuse from future harassment and abuse. It restricts someone who has abused a family/household member, spouse or partner in an intimate relationship in several ways.
There are a number of ways to obtain an order of protection:
* Contact a domestic violence program for assistance
* Ask an attorney to file in civil court
* Request an order with your divorce
* Request an order during a criminal prosecution
* Go to your local circuit court clerk’s office and get papers to seek an order of protection for yourself
Family law attorney Ronald L. Bell will work with victims and their families to obtain an Illinois Order of Protection, while working through issues such as marital property division, temporary spousal and child support, and child custody.
How Does an Emergency Order of Protection Help a Victim of Abuse?
Breaking away from an abusive relationship can result in an abuser lashing out against the victim via violence or intimidation, stalking/unwanted communication, involving minor children, and other tactics to regain control. A judge can order the abuser to:
- Not harass, abuse, stalk, intimidate, physically abuse, neglect or exploit a victim of abuse and not interfere with their personal liberty;
- stay away from the victim and anyone else protected by the order;
- stay away from the victims school, job, or other specific places when they are there;
- not take, transfer, hide, damage or get rid of a victim’s personal property or property co-owned with the abuser;
- leave or stay away from the residence while an abuser is under the influence of alcohol or drugs if it causes a threat to the safety of the victim or their children;
- surrender his/her guns, not possess any firearms and turn over any firearm owner’s identification card to local law enforcement until the order of protection expires;
- reimburse a shelter for housing and counseling services if applicable;
- stay away from the home where a victim lives even if the home is owned or leased by the abuser.
With regard to children, a judge can order an abuser to:
- Not take a child out of state and not hide the child within the state;
- appear in court with or without a minor child in order to prevent abuse, neglect, removal, or hiding of the child;
- return the child to the victim’s custody/care;
- not access school or any other records of a child in the victim’s care.
Contact an Illinois Family Law Attorney for Help
An Illinois Order of Protection can help protect a victim of domestic abuse from future harassment and abuse. If you have questions regarding Illinois orders of protection, contact the family law offices of Ronald L Bell & Associates PC for help at 847-495-6000.