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Understanding Illinois Emergency Orders of Protection

 Posted on August 18, 2021 in Domestic Violence

wheaton protection order lawyerVictims 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: 

  • Contacting the victim or their child

  • Threats and intimidation

  • Entering a victim’s residence or coming within a certain distance of a victim’s residence, workplace, or school

  • Hiding a child or removing a child from the state

An EOP may also mandate certain behavior of an abuser. An EOP may require an abuser to:

  • Attend counseling

  • Refrain from drugs and alcohol when with the victim or the victim’s children

  • Give certain personal property to the victim

  • Refrain from damaging the personal property of the victim

  • Turn over weapons to law enforcement

  • Pay the victim temporary child support, the cost of shelter for the victim and their child, and for losses incurred as part of the abuse

How Can I File for an Emergency Order of Protection? 

Getting an order of protection is fairly straightforward, and a good friend, parent, or attorney may help you if you do not want to go alone. First, you must fill out the necessary forms telling the judge what you are asking for and why. You will need to detail the abuse you have experienced, including descriptions of what happened, when it happened, where it happened, and whether there were any witnesses. If your child was present during the abuse, make sure to mention that. 

After filling out the forms, you must go to a courthouse in the county where you live, where the abuser lives, or where the abuse happened so the court has the authority to handle the case. Filing the forms is free. You must then attend a hearing in which a judge will hear your request for an EOP and decide whether to grant it. Once the EOP is granted, the sheriff will deliver it to the abuser and the abuser must obey it.

When a judge grants an EOP, a hearing is also scheduled for a Plenary Order of Protection. Plenary orders can last up to two years. 

Consult with a DuPage County Emergency Protection Order Attorney

Your personal safety is of utmost importance. If you feel trapped in an abusive relationship and are not sure how to leave, consider seeking the help of a skilled Wheaton, IL divorce attorney. The lawyers at The Stogsdill Law Firm, P.C., will protect your privacy and work with you to get the help you need. Contact us at 630-462-9500 today and schedule a confidential consultation. 




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