Do you find yourself in the uncomfortable situation of questioning your safety around someone in your immediate circle? Whether you are being harassed by a relative, a spouse, a romantic partner of any kind, or even a roommate, Illinois has legal options in place to protect you from harm. We all attempt to use our best judgment to make sure that we remain in safe situations in our relationships and family lives. Still, various factors can lead to our safety being compromised.
Our partners may fall into violent alcoholism, our family members may change after suffering trauma and becoming filled with resentment, or we may accept new roommates who slowly unravel their toxic personalities. In each of these situations, we all deserve to feel secure and safe. The following will detail how to obtain an Order of Protection and who can qualify.
How Do I Apply for an Order of Protection?
It is important to note that for an Order of Protection to be filed, the abuser or harasser (called the respondent) must be a family member or household member. This also includes people you may be dating or in a relationship with. The only other requirement for an Order of Protection is the obvious one — you must have been abused or harassed, or otherwise made to fear for your safety by the respondent.
Once these basic conditions are satisfied, filing for an Order of Protection is actually quite simple. You must fill out the petition for the Order of Protection. Steps after completing the form will depend on the type of Order of Protection requested.
Two Major Types of Orders of Protection
There are two main types of Orders of Protection in Illinois — plenary and emergency. The types vary in the length of protection offered and in whether or not the respondent is required to be present for a hearing where they can attempt to provide evidence in their defense. In an Emergency Order of Protection, protection can be provided for a period of one to three weeks, but the respondent does not have to be present at a hearing in order for the OP to be awarded. In a plenary order, there must be a hearing, but protection can be sustained for much longer, up to two years. If you have filed for an EOP and the EOP period is approaching, you will need to have a hearing to extend into a plenary order. Plenary hearings can be complex and are governed by special rules of law. It is highly advisable to have an experienced attorney to assist you.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Glasgow & Olsson is uniquely qualified to help in your order of protection-related cases. If you need help petitioning and providing evidence at a hearing, we have the experience. When you need an attorney, experience matters.
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