Chicago Order of Protection Attorneys
An order of protection in Illinois divorce courts is a civil order that protects a person from someone who is harming them. Both the parties and their children may be protected by an order of protection. There are a number of reasons that a person could file an order of protection including various forms of physical abuse, harassment, stalking, or interference with personal liberty. Residents of Illinois and those throughout the rest of the country have a right to live and protect themselves from others who wish to inflict harm.
Orders of protection are utilized in divorce cases where there is domestic abuse to protect the moving party and bring safety to the household. There are three types of protection orders:
- Emergency orders: This type of protection order is based on a victim’s testimony and the affidavit filed with the petitioner. The party that the order is being filed against does not need to be present. An Order of Protection awarded without notice occurs if the abuse the petitioner is trying to prevent is likely to occur if there is notice to the other party.The testimony must be truthful and present an immediate need for the order or the judge may not grant it. An emergency order of protection is only valid until a plenary hearing can be scheduled, which is usually within 14-21 days.
- Interim orders: Interim orders are valid during the period between the end date of an emergency order and the date of a full hearing. The person that the order has been filed against or his/her lawyer must have either appeared or been notified of the hearing date in order for a victim to receive an Illinois interim order. This order of protection lasts up to 30 days.
- Plenary orders: A plenary order can only be issued after a hearing where both the alleged victim and the abuser have the opportunity to tell their sides of the story. Plenary orders can last up to two years and allow the most protection. The number of times that this type of order can be renewed is unlimited.
Nottage and Ward has the skill and knowledge to effectively present the facts of your case to the court and to advocate that you and your family need to be protected from a spouse, ex-spouse or other individual who may attempt to cause harm. It is vital that all paperwork be filled out properly and that all documents pertaining to the order of protection are valid and truthful. With years of experience handling various complex family law issues, the aggressive Chicago family law lawyers at Nottage and Ward can and will help protect your rights during an emotionally charged and difficult time.
An Illinois order of protection can provide protection in a number of ways including ensuring that the abuser does not contact the victim in any way, does not damage any personal property of the victim, does not remove a child from the state or hide them, and a plethora of other protections. If you or your children are being threatened, harassed or abused by your spouse, ex-spouse or another party, you have rights that the attorneys at Nottage and Ward can help defend. Call us today.
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