Some reports suggest that domestic violence is the leading cause of injury to women in the United States. Considering those statistics, it is no surprise that Illinois law takes the issue very seriously. The Illinois Domestic Violence Act recognizes that all citizens deserve to feel safe in their own home and seek to fairly protect those hurt in this manner.
As part of the law, victims of domestic violence may seek an order of protection (colloquially known as a restraining order). This is an order from the court that protects from physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation.
While orders of protection can prove important for those legitimately at risk of future harm, some of claims that lead to these orders are unfounded. Considering the serious nature of domestic violence accusations and restraining orders, it is critical for all residents to secure an experienced defense attorney to protect your rights when accused of abuse.
What Does an Order of Protection Do?
The restraining order protects the alleged victim by:
- Mandating another to keep his distance — he cannot come near the home, work, school or physical person of the victim;
- Barring another from entering a shared home while intoxicated;
- Granting the alleged victim temporary legal custody of children shared with another, including residential custody;
- Forbidding access to the records of shared children, including school and medical information;
- Requiring another to relinquish any weapons in his possession to law enforcement; and
- Requiring the defendant to relinquish certain personal property to the victim, especially valuable property that needs safekeeping.
Even a cursory glance at the consequences of these orders demonstrate the significant way an order can alter one’s life. The restraining order can affects one’s access to children, property, and limit mobility. As a result, they should never be issued haphazardly or unless absolutely necessary. But the delicate nature of the issue and the legitimate attempt to limit violence unfortunately leads to a court issuing an order of protection even when not warranted. That risk is even higher when a criminal defense attorney is not involved.
Types of Order of Protection
Three types of orders or protection exist:
- The court will grant an emergency order of protection immediately, but this protection is limited. An emergency order typically lasts 14 to 21 days. The court may grant an emergency order without the alleged abuser’s knowledge.
- The court will grant an interim order of protection if a hearing cannot be scheduled before an emergency order expires. This protection is also temporary, lasting up to 30 days. Unlike with an emergency order, the alleged abuser must be notified.
- The court will grant a plenary order of protection after the alleged abuser and the accuser have presented evidence at a hearing. This protection may last up to two years.
Violating an order of protection is a Class A misdemeanor, punishable by a $2,500 fine and up to a year in prison. A repeat offender could be charged with a felony. Note that an order of protection is not limited to one jurisdiction. These limitations extend throughout Illinois and the entire United States.
Defend an Order of Protection in Illinois
Unfounded accusations are made all the time, and it is important not to allow another’s claim to unfairly alter your life. If you need to defend against an order of protection or are facing domestic violence charges, take steps to defend yourself. We understand that this is a difficult, and often emotional process, and that it should not be undertaken alone. Contact our Chicago defense lawyers today.