There are several types of orders of protection under Illinois law, and each type carries its own consequences for the one who is served with the order. Additionally, violating any type of protective order can result in a criminal conviction.
There are two common types of Illinois protective orders—civil orders of protection and stalking no contact orders of protection. It is essential to understand the differences between them.
Civil Orders of Protection
Illinois’s domestic violence laws have established a process for victims of domestic violence to obtain civil orders of protection. A victim of domestic violence typically needs to be a member of the same household as the alleged abuser. The victim must fill out an application and swear under oath that the allegations are true. If a judge finds the allegations meet the criteria under the law, and that the allegations are credible, the judge must issue a civil order of protection.
A civil order of protection is issued when a domestic violence victim does not plan on pressing charges. However, this does not guarantee that the alleged abuser will not be criminally charged.
Under civil orders of protection, the abuser is required to move out of any shared home and to avoid contact with the victim. There is a hearing process for the alleged abuser to challenge the order before it becomes a plenary order.
Stalking No Contact Orders of Protection
Illinois has a broad definition of stalking and considers it to as any course of conduct, consisting of at least two incidents, that would make a reasonable person fear for his or her safety or to suffer emotional duress. Unlike a civil order of protection, a victim does not need to be in the same household as the stalker. Moreover, the victim does not even need to know the name of the stalker.
A stalking order can be requested by anyone who has been the victim of stalking or is the parent or guardian of a child who has been the victim of stalking. Much like with a civil order of protection, the victim completes an application under oath and a judge reviews the application. If the information is deemed credible and meets the legal requirements, an emergency stalking order is issued. An emergency order is valid for 21 days.
It is not required that the alleged stalker be given advanced notice. When the stalker is served with the order, he or she will be given notice of a court hearing. At the hearing a judge will listen to evidence and either dismiss the stalking order or issue a plenary stalking no contact order of protection. A plenary order is good for up to two years and can be renewed.
A stalking order prohibits the alleged stalker from contacting the victim, without the victim’s permission by any means. It also prohibits the stalker from tracking the movements or whereabouts of the victim. Violating any terms of the order is a misdemeanor for a first offense, or a felony for multiple offenses, or if there is a previous record of domestic violence convictions.
If you have been served with any type of order of protection, or have been accused of stalking or domestic violence, you need to speak with an aggressive Schaumburg domestic violence lawyer immediately. It is advised that you not speak to anyone about your case until consulting with an attorney; anything you say may hurt your case. Please call Glasgow & Olsson at 847.577.8700 to schedule your consultation today.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3123&ChapterID=57