Typically victims of domestic violence apply and are granted an Emergency Orders of Protection (aka restraining order) when emotional or physical abuse erupts into violence. A Plenary Order of Protection picks up where Emergency Orders of Protection end by offering an extended period of protection (up to two years at a time) and enhanced protections for victims of domestic violence and their families.
Plenary Orders of Protection are more formal than Emergency Orders of Protection in that they are granted after a hearing in which evidence, witnesses and testimony are presented to substantiate the need for ongoing protection against abuse. Both parties are required to attend the hearing, where a judge will make a decision regarding the length and scope of the Plenary Orders of Protection to protect the victim/s from further incidences of abuse.
Common restrictions imposed on a domestic abuser under Plenary Orders of Protection may include:
- Ordering an abuser to not to harass, intimidate, stalk, exploit a victim or subject a victim to physical abuse
- To stay away from a victim and others protected by the order to include staying away from a victim’s residence (even if the home is owned or leased by the abuser), place of employment, school or other designated places
- Ordering an abuser to stop school attendance if the abuser and victim are enrolled at the same institution
- Ordering the abuser to attend counseling
- Orders requiring an abuser to surrender a firearms to law enforcement
- Provisions for the protection of a child which may include a custody and parenting- time determinations
- Temporary support for the victim and children if there is a legal obligation to provide support
- Reimbursement for losses related to the abuse such as attorney’s fees, lost wages, medical expenses, damaged property, and costs for transportation, temporary shelter and food.
- Property determinations including sole possession of a victim’s property and sole possession of property that is co-owned depending on the circumstances
Victims of Domestic Violence are Granted Many Protections Under the Law
If you are a victim of domestic violence it can be very difficult to act even after enduring months or years of emotional and physical abuse at the hands of a partner or spouse. Many victims who seek help are fearful of retaliation from an abuser, how they will protect their children, where they will live, and how will they afford rent, food, housing and transportation if they are financially dependent on the abuser. Fortunately, many of these concerns and more are addressed by provisions in the law which provide protection from further abuse and the ability to move on.
If you are or your children are in imminent danger, it is vital to contact the police immediately and seek Emergency Orders of Protection to stop the abuse. Longer term, working with an experienced attorney to obtain Plenary Orders of Protection to extend and enhance the emergency orders can alleviate your concerns regarding ongoing safety, financial support for you and your children, housing issues, property division, child custody and visitation and more.
The first step in getting out of an abusive relationship is seeking help, which will include getting the information and resources needed to protect yourself from further abuse and land in a safe environment so that you and your family can thrive. Contact domestic Illinois violence attorney Ronald L Bell & Associates to discuss your situation at 847-495-6000.