Victims of alleged domestic violence, assault, or battery can seek legal protection through orders of protection. These orders of protection are broadly organized into two categories: criminal and civil. The specific facts of your case will determine whether a victim chooses to seek a criminal or civil order of protection. Whether you need to seek an order of protection, or need to defend yourself against such an order, it is important to consult with an experienced domestic violence attorney.
Criminal Orders of Protection
A domestic violence victim may seek a criminal order of protection if they intend to press charges against their alleged abuser. Domestic violence and domestic battery are serious crimes in Illinois. Each of these charges could result in possible jail time and steep fines, even for a misdemeanor or first offense. Often, such criminal charges are the result of emotional and complex situations. It may be unclear what happened, or what the result of prosecution for these crimes will be.
A criminal order of protection will bar the alleged abuser from contacting the victim, threatening the victim, or other actions. These orders of protection are legally enforceable, so violating such an order can lead to separate criminal charges. Both the victim and alleged abuser can seek legal representation during hearings related to a criminal order of protection.
Civil Orders of Protection
If a domestic violence victim does not want to file charges against their alleged abuser, they can still seek legal protection through the court. A civil order of protection is not related to any criminal charges. However, a civil order of protection does prohibit an alleged abuser from contacting or threatening the victim.
Whether or not someone can file for a protective order depends on his or her relationship with the alleged abuser or assailant. Additionally, the type of protective order sought depends on the situation at hand. For example, only family or household members can seek domestic violence orders of protection. This is due to how state law defines domestic violence (acts or threats of violence between family or household members).
The defendant in a protective order matter could face serious consequences if the order is granted. This is true even for civil orders of protection. Depending on the type of order, the alleged abuser could be barred from entering certain property, contacting family members, and engaging in other actions. Additionally, these orders of protection are public record, so there is a real risk of potential damage to one’s reputation.
Contact Our Schaumburg Domestic Violence Lawyers
No matter what side of an order of protection you are on, you should contact an experienced Schaumburg domestic violence attorney at Glasgow & Olsson. Our dedicated attorneys have represented countless clients throughout Schaumburg, Cook County, and Northern Illinois during both criminal and civil protective order cases. You can contact us online today to schedule your free initial consultation.