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posted on 9/9/22

Protecting your children is undoubtedly one of your top priorities. What do you do if your child is threatened by verbal abuse, physical abuse, or other forms of harassment such as stalking? Let’s say that your child has made a new “internet friend” who seems a little too invasive and a little too interested; maybe they eventually start running into your child “by chance.” Or perhaps your spouse gets drunk and batters your child, or verbally berates them and causes traumatizing damage. In both cases, Illinois does allow minors to petition for Orders of Protection (OP) or Stalking No Contact (SNC) orders, either on their own or with the assistance of a guardian or other adult. Because the application process and the associated hearing can be difficult, we recommend applying for an OP or SNC with your minor.

Applying for an OP or SNC With a Minor

The application for an OP or SNC with a minor is mostly the same as the application process for an adult. The difference is that you will need help in filling out the documentation, which will include providing written accounts of the abuse or stalking and an account of how this has affected the child. The burden of proof for a minor is the same as for an adult, but courts will understand that it is difficult for the child to detail their abuse or to properly provide an account of their suffering. The outcome of the petition and hearing will largely depend on the quality of your legal advocacy for the minor, the knowledge of your lawyer to the unique rules that apply to these sort of hearings and your attorney’s efforts in providing adequate written and verbal documentation.

The Impact of OP on Family Court Matters

When applying for an OP or SNC on behalf of your child, you should also have your attorney seek other legal remedies that go along with these types of orders such as child custody modification, child support, and other legal relief you can ask for in conjunction with the order of protection. If you have obtained an order of protection against a spouse or family member, this can certainly influence the results of family court and can assist you in advocating for custody and the best interests of your child.

Be mindful and careful of “filing lightly” in cases of OP because courts will not look kindly upon an attempt to file for an order to influence family court cases. Always take action that is in the best interests of your child and their developmental health and prosperity. An experienced lawyer can help to decide if you have a viable case.

Contact an Experienced Lawyer Today

It is important to get professional help in matters involving your safety. Do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help, especially if you need help advocating for a minor or protecting your children from harm. Make sure to acquire legal assistance the whole way through to safeguard the safety and well-being of your young loved one. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.