Joliet Order of Protection Lawyer
Orders Of Protection
An Order of Protection is a court order available to “family or household members” prohibiting the abuser from certain activities or ordering the abuser to take certain actions.
There are three types of Orders of Protection:
- Emergency Order of Protection (usually lasts for 21 days and then a full hearing is held)
- Interim Order of Protection (usually last for up to 30 days)
- Plenary Order of Protection (may last for up to 2 years)
An Order of Protection can be filed against a family or household member who has committed acts of domestic violence against you or your minor child.
A family or household member includes:
- A parent, step-parent, or grandparent
- A person related to you by blood or marriage
- A step-child or child of yours even if you are not married to the child’s mother or father
- Boyfriend / Girlfriend (former dating relationship)
- Siblings, step-siblings
- Spouse or Ex-spouse
Acts of domestic violence include:
- Exploitation
- Harassment
- Interfering with personal liberty
- Intimidation of a dependent
- Physical abuse
- Stalking
- Willful deprivation
An order of protection may:
- prohibit abuser from continuing threats and abuse
- bar abuser from shared residence or bar abuser while using drugs or alcohol
- order abuser to stay away from you and other persons protected by the order and/or bar abuser from your work, school, or other specific locations
- require abuser to attend counseling
- prohibit abuser from hiding a child from you or taking a child out of state
- require abuser to appear in court or bring a child to court
- give you temporary physical possession of children or give you temporary legal custody
- specify visitation rights
- bar abuser from accessing child’s records
- give you certain personal property and require abuser to turn it over, or bar abuser from damaging, destroying or selling certain personal property
- require abuser to pay you support for minor children living with you, require abuser to pay you for losses suffered from the abuse, require abuser to pay for your or your children’s shelter or counseling services
- require abuser to turn weapons over to local law enforcement, if there is danger of illegal use against you
- prohibit abuser from other actions
- to protect you, require abuser to take other actions
To obtain an Order of Protection, you can:
- Ask your attorney to file in civil court
- Request an order with your divorce
- Request an order during a criminal trial
- Go to your local circuit court clerk’s office and get papers to seek an order of protection for yourself
Violation An Order Of Protection
Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony. If an abuser commits a second violation of order of protection, courts must sentence the abuser to 24 hours jail time and order abuser to pay $100 domestic violence fine, unless the increased fine will impose an undue harm on you, the victim of the domestic violence.
Contact A Joliet Order Of Protection Lawyer For Help
Whether you need an Order of Protection or you need to defend yourself against one, it’s always best to have a lawyer represent you. The Law Offices of Neil Patel has the experience and knowledge to help you – call TODAY for a free consultation!
