How Orders of Protection Impact You in Illinois Domestic Violence Cases

 Posted on September 18, 2018 in Domestic Violence

Domestic violence is a crime that is taken very seriously and has severe consequences for those who commit it. Though the type of punishments that offenders of domestic violence get are deserved, the extremely personal nature of the crime makes it difficult for those who are falsely accused to clear their name. In the state of Illinois, police officers are required to arrest a person if the officer has reason to believe that they have committed an act of abuse or neglect. Even if the officer makes no arrest during a domestic violence call, they must always fill out a police report with the alleged victim and the alleged suspect’s information and statements. If a person decides to file an order of protection against someone, this means they are telling the court that they have been abused and wish to seek charges against the abuser.

What Is Domestic Violence?

Though different states may have different definitions of domestic violence, Illinois defines domestic violence as any act of “abuse” perpetrated by a “family or household member.” An act of abuse can be:

• Physical abuse;
• Harassment;
• Intimidation;
• Interference with personal liberty; or
• Willful deprivation.

Family or household members can include:

• Spouses or former spouses;
• Parents and children or stepchildren;
• People who currently live together or used to live together;
• People who are currently dating or engaged, or used to be dating or engaged;
• People who have a child in common; and
• People with disabilities and their caregivers.

Understanding Orders of Protection

In Illinois, there are three types of orders of protection: emergency orders, plenary orders, and interim orders. Emergency orders are temporary and last up to 21 days, plenary orders are “permanent” and can last up to two years and interim orders are issued if there is time between when an emergency order expires and a plenary order has yet to be determined.

There are certain things that orders of protection can make you and simultaneously, forbid you from doing. Orders of protection can:

• Provide more punishments if an act of abuse is committed again;
• Prohibit you from returning to your residence if the petitioner resides there;
• Prohibit you from being around the petitioner, including around their workplace, school or other places that the petitioner is present;
• Require you to go to counseling designed for domestic violence abusers;
• Require you to give up physical care or possession of minor children;
• Temporary take away significant decision-making responsibilities for minor children;
• Require you to give certain personal property back to the petitioner;
• Prohibit you from taking other property from the petitioner;
• Prohibit you from taking animals from the petitioner;
• Require you to pay support for the petitioner or any minor children;
• Require you to pay for losses related to the abuse; and
• Prohibit you from possessing a firearm.

A Skilled Skokie Domestic Violence Defense Lawyer Can Help

If you have been accused of domestic violence, your first move should be to contact a Chicago domestic violence defense attorney. The experienced attorneys at Luisi Legal Group can help you take the best course of action and will fight to help you keep your rights. To schedule a consultation, call the office at 773-276-5541.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.isp.state.il.us/crime/domesticviol.cfm