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Illinois Order of Protection: What You Need to Know
Introduction
If someone threatens your safety, you can take legal action right away. Illinois law allows courts to issue an Illinois order of protection that restricts an abuser’s actions and provides safeguards for victims. Understanding how this process works helps you protect yourself and your family.
What an Illinois Order of Protection Does
A judge issues an order of protection to stop abuse, harassment, intimidation, or interference with personal liberty. This order can:
- Prohibit an abuser from contacting you in person, by phone, or online.
- Require the abuser to stay away from your home, workplace, or school.
- Grant you temporary custody or visitation protections for children.
- Force the abuser to surrender firearms.
Who Can Request One
Illinois law allows spouses, former spouses, people in dating relationships, family members, and household members to request protection. If you qualify, you can file a petition with the court in your county.
Types of Orders
- Emergency Order of Protection (EOP): A judge can grant this immediately without notifying the abuser. It typically lasts 14 to 21 days.
- Interim Order of Protection: This applies when the abuser has been notified but the case remains pending.
- Plenary Order of Protection: After a hearing, a judge can issue this longer-term order that lasts up to two years.
The Court Process
You start by filing a petition in court. A judge reviews your request and may schedule a hearing. At the hearing, you and the other party can present evidence and testimony. Having an attorney improves your chances of receiving the strongest protection possible.
Why Legal Help Matters
The legal system can feel intimidating, especially during stressful times. An attorney guides you through paperwork, deadlines, and hearings so you don’t face the process alone. At Lafata Law, we stand beside clients at every step and fight for the protections they deserve.
Frequently Asked Questions
Q: How long does it take to get protection?
A: Courts often grant emergency orders the same day you file the petition.
Q: Do I need to notify the other person first?
A: For emergency orders, no. The court may issue protection immediately.
Q: What if the abuser violates the order?
A: Call the police right away. Violating a court order is a crime, and law enforcement can arrest the offender.
Conclusion & Next Steps
An Illinois order of protection offers critical safeguards when you face threats or abuse. If you need help filing or defending against one, call Lafata Law today.
📞 Call 630-481-6633 for a free consultation with an experienced family law attorney.