Orders of Protection
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Orders of Protection
An order of protection is a court order restricting the conduct of a person who has abused a family or household member. Illinois orders of protection are governed by the Illinois Domestic Violence Act, and abuse under that Act is broader than most people assume: it includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation, not only physical violence.
The Act protects family or household members, a category that includes spouses and former spouses, parents and children, persons related by blood or by present or prior marriage, persons who share or formerly shared a home, persons who have or allegedly have a child in common, and persons who are dating or formerly dated. Illinois provides three types of orders. An emergency order of protection may be entered the same day, without prior notice to the other party, and lasts a short period until a further hearing. An interim order may bridge the period until a full hearing can be held. A plenary order is entered after a hearing at which both sides may present evidence, and may last up to two years and be extended.
The relief available goes well beyond a no-contact provision. A court may prohibit further abuse and contact, order the abuser to stay away from the petitioner’s home, workplace, or school, grant exclusive possession of a shared residence, award temporary allocation of parental responsibilities and parenting time, restrict or supervise the abuser’s parenting time, order the surrender of firearms, and order counseling or the payment of losses caused by the abuse.
We represent both petitioners seeking protection and respondents defending against a petition. Both sides carry serious consequences. For a petitioner, a well-prepared petition and hearing are what make the order effective and enforceable. For a respondent, an order of protection can result in removal from your home, restrictions on contact with your children, loss of firearm rights, and consequences for employment, professional licensing, and immigration status — and orders are sometimes sought for tactical advantage in a divorce. Attorney Marinov has handled these proceedings in Illinois courts for over twenty years. If you have been served with a petition or need protection, contact our office promptly, because these matters move quickly.
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Common Questions
What is an order of protection?
A court order restricting the conduct of a person who has abused a family or household member. It can prohibit contact, order the person to stay away, and grant a range of other relief.
What counts as abuse under Illinois law?
Abuse is defined broadly and includes physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. It is not limited to physical violence.
Who can get an order of protection?
Family or household members, including spouses and former spouses, parents and children, relatives by blood or marriage, people who share or formerly shared a residence, people who have a child in common, and people in a dating relationship or formerly in one.
What are the different types of orders?
An emergency order can be entered the same day without notice to the other party and lasts a short period. An interim order bridges the gap to a full hearing. A plenary order is entered after a hearing with both sides present and may last up to two years.
Can I get an order the same day?
Yes. An emergency order of protection may be entered without prior notice to the other party if the court finds the circumstances warrant it, with a further hearing set shortly afterward.
What relief can the court order?
Prohibiting contact and further abuse, staying away from your home, work, or school, exclusive possession of the residence, temporary parental responsibilities and parenting time, restrictions on the respondent’s parenting time, surrender of firearms, counseling, and payment of losses.
Can an order of protection remove someone from their own home?
Yes. A court may grant the petitioner exclusive possession of a shared residence, regardless of which party owns or leases it, where the statutory standard is met.
Does an order of protection affect my children?
It can. The court may enter temporary orders regarding parental responsibilities and parenting time, and may restrict or require supervision of the respondent’s time with the children.
What happens if the order is violated?
Violating an order of protection is a criminal offense in Illinois and may also be enforced through contempt proceedings in the civil case.
I have been served with a petition. What should I do?
Take it seriously and appear at the hearing. An order entered against you can remove you from your home, restrict contact with your children, and affect firearm rights, employment, professional licensing, and immigration status. Do not contact the petitioner.
Can an order of protection be used unfairly in a divorce?
Petitions are sometimes filed for tactical advantage. Courts are alert to this, but the answer is a properly prepared defense with evidence, not simply denying the allegations.
Do I need a lawyer for an order of protection hearing?
You are not required to have one. But these hearings are evidentiary, they move quickly, and the consequences for both sides are significant and long-lasting.
What documents should I bring to my first consultation?
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
