Sadly, domestic violence is something that takes place in so many families. Navigating emotionally turbulent situations like dealing with a divorce or issues related to your children can quickly bring out the worst in people and result in hazardous conditions. That being said, just because someone is going through a stressful time does not give them the right to commit acts of domestic violence. The safety of yourself and your children is the most critical thing; therefore, if you believe you are at risk of experiencing domestic violence or have experienced it, reach out to an attorney to set up an order of protection. 

Be advised that orders of protection are not one-size-fits-all. Different orders of protection pertain to certain situations. In this blog, we will look at emergency and plenary orders to understand how they differ from each other and whether a plenary order of protection is correct for you and your situation.

Emergency Orders of Protection vs. Plenary Orders of Protection

In Illinois, an emergency protection order requires only the petitioner’s testimony to the judge. The alleged abuser is not required to be notified or even present in court. Emergency orders are only available for up to 21 days or until a full hearing can be held. Meanwhile, a plenary order of protection is only granted after a court hearing that requires both the petitioner and respondent to be in court. Notably, a plenary order of protection can be issued for up to two years. Once the two years are up, plenary orders can be renewed.  

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Domestic violence is a poison that infects every area of a victim’s life. Victims often live in fear for many years before they feel prepared to take action, frequently due to a legitimate belief that domestic violence will escalate or worsen if the abuser discovers the victim is trying to leave. 

Sadly, divorce is usually a heated affair, and false accusations of domestic violence are easily leveled by spouses trying to get the upper hand in matters of child custody. This makes it essential to ensure accusations of domestic violence are backed up with proof. Collecting this proof, however, can be difficult and may require careful strategizing. To learn more about how to prove domestic violence in a divorce case, read on and then contact an Illinois divorce attorney for help. 

Ways of Proving Domestic Violence in a Divorce Case

The most convincing proof for showing someone is a violent abuser is a criminal conviction. If your spouse has ever been arrested and convicted for acts of domestic violence, especially in the recent past, this may be sufficient evidence that such abuse occurred. 

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Victims of domestic violence often do not leave abusive situations because they fear the abuse will worsen and they will have no way to protect themselves. This fear is not unfounded - research shows that leaving an abuser is the most dangerous time for a victim of domestic violence. 

Illinois recognizes the seriousness of domestic violence and provides victims with the ability to apply for Emergency Orders of Protection. An abuser who violates an Emergency Order of Protection faces serious legal consequences. Consider hiring an attorney who can assist you in obtaining an order of protection as part of your overall plan to leave your abuser once and for all.

What is an Emergency Order of Protection?

An Emergency Order of Protection, or EOP, is a court order that prohibits an abuser from certain behaviors. Illinois judges have discretion to consider the unique circumstances of each case and may prohibit many behaviors, including: 

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Stalking occurs when someone repeatedly follows, harasses, or threatens a person to an extent that the person fears for his or her safety. If you have been a victim of stalking, you know just how frightening the experience can be. Fortunately, there are laws that protect victims of stalking. In Illinois, what are often referred to as “restraining orders” are called “orders of protection.” There is also a specific court order designed to stop stalking behaviors called a “Stalking No Contact Order.” Read on to learn about the various court orders that can prevent a stalker from further harassing you.

Protecting Yourself from a Stalker With an Emergency Order of Protection

Two main types of court orders may be available to victims of stalking. The first is an Emergency Order of Protection. This is a court order used to protect victims of abusive family or household members. Abuse does not only include physical violence. It also includes harassment, interference with personal liberty, and intimidation. Per Illinois law, stalking behaviors typically count as abuse. Household and family members include current or former:

• Spouses

  ...

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There is no doubt that COVID-19 has touched every aspect of our lives. School children attend classes remotely, businesses are shut down or forced to operate via video conferencing, and many people are unable to visit relatives in hospitals and nursing homes. One way in which the coronavirus may also be impacting Americans is through an increase in domestic violence. Unfortunately, many victims have stayed silent about the mistreatment they have suffered because they are ashamed, they fear retaliation, or they do not know the legal options that are available to them. If you or a loved one are a victim of domestic violence, read on to learn about the legal protections available to you in Illinois.

Quarantine May Make it Harder for Victims to Get Help

Physical, emotional, mental, sexual, and financial abuse often takes place behind closed doors. Abusers frequently use control and manipulation to prevent their victims from leaving or reporting the abuse. When victims and abusers are quarantined in the same home together, the abuse and control may escalate. TIME Magazine reports that police departments are seeing increases in domestic violence cases across the country. In one hospital, wounds that were related to domestic violence from March 11 to May 3 of 2020 exceeded the number of domestic violence wounds from the same time period in the previous two years combined.

Getting Legal Protection Through an Order of Protection

If you or a loved one have suffered physical abuse, harassment, threats, or other forms of domestic violence, you should know that Illinois has laws in place to protect you. You can get an Emergency Order of Protection (EOP) without your abuser’s knowledge. An EOP is available based on your testimony alone. The EOP may require the abuser to move out of your shared home, surrender his or her firearms, stay away from you and your children, stop contacting you, and more. If he or she violates the protection order, he or she may immediately be arrested and face criminal charges.

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