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posted on 4/18/23

If you have been issued either a civil or criminal order of protection or are seeking an order of protection, Glasgow & Olsson has a team of experienced attorneys ready to assist you with your case. Our attorneys are prepared to help with this extremely important legal proceeding, regardless of which side you are on. 

Criminal or Civil Order of Protection?

Civil orders of protection seek to prevent further harm or abuse from occurring to the person seeking protection. They are stand-alone cases and can be coupled with a divorce or parentage case but are not usually coupled with another case.  The person seeking the order is called the petitioner. The respondent is the person against whom the order is being brought. 

A criminal order of protection is different as it issues differently and follows a criminal case for domestic violence.  It has different procedural and evidentiary rules than a civil order of protection and prevents the respondent from committing further offensive acts against the petitioner. Either type of order can prevent contact, communication, and close physical proximity between the parties. 

Victims of Domestic Violence May Initiate Civil Protection Orders

The alleged victim of domestic violence can seek a civil order of protection in Illinois and will often maintain control over the legal proceedings. In the case of criminal protection orders, victims can often lose control over the case and its outcome. 

Criminal Orders of Protection are Filed Alongside Criminal Charges

Where a victim can bring a civil lawsuit without any criminal charges being filed, a criminal order does not work the same way in Illinois. For criminal protection orders, there must be criminal charges filed against the person as well. Therefore, if the state files charges against someone for a violent offense, a victim may oftentimes be encouraged to file a criminal order of protection against the alleged aggressor. 

The Burden of Proof for Orders of Protection in Illinois

In civil and criminal orders of protection, the petitioner has to prove by a preponderance of the evidence that they have been subject to abuse or harassment by the respondent. A preponderance of the evidence means the petitioner has to argue it is more likely than not that the abuse or harassment took place against them. 

Consequences of Violating Orders of Protection in Illinois 

If the respondent on the receiving end of a civil or criminal order of protection violates any of the provisions, they can be held in contempt of court and face penalties. These penalties can include fines and/or jail time, depending on the severity of the violation. The severity of the violation impacts the severity of the sentence. The punishment could range from a misdemeanor to a felony. 

Glasgow & Olsson Can Help

If you need representation involving a civil or criminal order of protection in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.