In Illinois and throughout the U.S., domestic violence continues to be a problem. In Chicago alone, though the first six months of 2013 saw a decrease in the number of domestic violence reports from the previous year, there were still over 20,000 reports of domestic violence incidents within the city. In the first half of 2013, 14 people were killed as a result of domestic violence, two of these being children.
Regardless of the severity of the abuse, there is a tool that can be used to prevent an abuser from harming, or even coming into contact with, the victim. This tool is called an order of protection, and it can be very serious for someone who violates it.
The Basic of Orders of Protection
An order of protection is a ruling by a judge ordering a party to refrain from engaging in certain activities relating to another party. These activities sometimes involve contact in person or over the phone, or restricting access to each other or to the children of one or both parties. The court has authority to issue these orders under the Illinois Domestic Violence Act. The purpose is to “avoid further abuse” and to prevent victims from being “trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services…”
An order such as this can be requested by the victim in either criminal or civil court. If the alleged abuser is being charged with a crime, the State’s Attorney, on request by the alleged victim, can move for a criminal order of protection. If no charges are being filed against the alleged abuser, a victim can file a request through the court, either with the help of an attorney or on her own (pro se), for a civil order of protection.
Three Kinds of Orders
In Illinois, there are three kinds of orders of protection. The first is an emergency order. This type of order can be obtained rather easily. There is no hearing required, and the other party does not have to be present to give testimony for the order to be given. It is short in duration, typically lasting only 21 days.
An interim order is designed to prevent abuse between the time of the alleged abuser’s notification of the order and a full court hearing to determine if there is cause for a more permanent order. While the abuser may not have the chance to present evidence, he does need to be present to be told of the date of the hearing for a plenary order.
A plenary order is an order that lasts a longer time, and is designed to protect the victim for the long term. It is only granted after a full hearing with evidence presented by both parties. It can last up to two years, and can be renewed indefinitely.
Contact an Illinois Criminal Defense Attorney
Violation of an order of protection is a Class A misdemeanor, with several aggravating circumstances in the event of prior convictions or previous violations of the order. Further, violating an order or protection can be seen as a violation of probation, or it can be used to aggravate a sentence for a separate crime. A good Chicago criminal defense lawyer can challenge the order, its terms, and the factual basis of the allegations. If you have been arrested, contact the Law Offices of Thomas Glasgow, Ltd. today.