Wheaton Protective Order Lawyer

Experienced Attorney for No Contact Orders in DuPage County

In Illinois, orders of protection can protect an individual from harm or abuse by another person. Orders of protection are governed by the Illinois Domestic Violence Act (IDVA), which provides victims of domestic violence with legal avenues to seek protection. If you have suffered from domestic violence, a family law attorney immediately can help you take steps to secure the safety of yourself and your children.

At Fawell & Fawell, we understand that domestic violence is an appalling element of far too many family and household dynamics. Physical and emotional abuse can be profoundly traumatizing for the victim and any other family members who witness these acts. If you or a family member are suffering from domestic violence, please understand that you have legal options to put an end to such violence and leave a dangerous situation by pursuing a divorce or addressing other family law issues.

Who Can Seek an Order of Protection?

Under the IDVA, a person who has been subjected to domestic violence or abuse by a family or household member can seek an order of protection. A family or household member is defined as a spouse or former spouse, a parent, a child, someone related by blood or marriage, or someone who shares or used to share a home with the abuser. Spouses, former spouses, unmarried partners, or a person who shares a child with their abuser can seek an order of protection, and a parent or other family member can also seek protection for a child or an adult who cannot speak for themselves.

What Is the Process of Obtaining an Order of Protection?

To obtain an order of protection, the victim must file a petition with the court outlining the specific incidents of domestic violence or abuse they have experienced and detailing why protections are necessary. The court may issue an emergency order of protection if it determines that the victim is in immediate danger. After an emergency order is issued, the court will schedule a hearing where both the accuser and the accused will have the opportunity to present their case.

An order of protection will typically state that an accused abuser is prohibited from committing any further forms of abuse, and it will most likely restrict them from contacting or going near the victim or other family or household members while the order is in effect. Other types of restrictions or requirements may also be put in place depending on the specific circumstances of the case.

What Kind of Orders Are Available?

In Illinois, three types of orders of protection are available:

• Emergency orders of protection - A judge may issue this type of order upon hearing the testimony of the petitioner. The accused party is not required to be present, and they may not be notified until after the order is put in place. These orders last up to 21 days.
• Interim orders of protection - These orders are designed to cover the time from when an emergency order expires to when a full hearing can be held. With interim orders, the accused party must be present in court or must have at least been notified that an interim order hearing was taking place. Interim orders can last up to 30 days.
• Plenary orders of protection - Once a court hearing has taken place at which the accuser and the accused party can present evidence, the court may issue a plenary order that will provide long-term protection. Plenary orders can last two years. Once the two years are up, the order can be renewed. If necessary, plenary orders may place restrictions and requirements on the accused, including the payment of child support and/or spousal support, the exclusive possession of a home or other property by either party, and a requirement for the abuser to attend counseling.

What Happens if an Order of Protection Is Violated?

A violation of an order of protection is a serious criminal offense, charged as a Class A misdemeanor offense. Any additional violation of the order of protection will be deemed a Class 4 felony. Even if criminal charges are not pursued, a person who violates an order of protection may be held in contempt of court, and they could face consequences such as fines or jail time.

Contact a DuPage County Order of Protection Attorney

No one deserves to live in fear of domestic violence. With orders of protection, victims of violence or abuse can receive the protection necessary to ensure that they and their family members can live in a safe environment. At Fawell & Fawell, we have extensive experience obtaining orders of protection for clients who have suffered from violence and abuse at the hands of a spouse or other family member. Let us work with you to help you obtain the protection you deserve. Contact us at 630-871-2400 for a free consultation.