During the last day of the 2021 lame-duck legislative session in Illinois, the Illinois Senate passed House Bill 3653, with a subcomponent known as the Pretrial Fairness Act. The House version passed the same day, and on February 22, 2021, Governor Pritzker signed the comprehensive bill into law. Illinois courts will begin operating under the rules of the Pretrial Fairness Act on January 1, 2023. The intent of the Pretrial Fairness Act is to promote equity in the legal system...

Orders of protection have direct effects on the freedom of a respondent by placing direct limitations on their conduct. The “terms” of the order of protection are up to the discretion of the judge and may be wide-ranging and possibly unorthodox. Respondents may be required to stay further than a certain distance from a certain person or a certain place. They may be required to refrain from making attempts to contact the petitioner. Respondents may be required to join a...

It is not at all uncommon for petitioners for Orders of Protection to also be processing or to have a need to process divorce. The divorce process can complicate the restraining order process but it can also act as supporting evidence that you are suffering abuse from your spouse. However, married relationships are not required to petition for an order of protection and there are no court rules requiring that divorce be processed in cases of orders being granted. If...

Stalking No Contact Orders are designed to protect individuals from stalkers or abusers who are outside of their household, family, or circle of close relations. Consequently, you may wonder what this article is about: how could a stalking no contact order affect child custody? Well, you may not often consider it, but SNC orders go onto your criminal record, and if one is taken out against you, it does not tend to increase people's sense of trust and respect for...

If you have had a restraining order taken out against you, whether in the past or present, you know how powerful the impact on your life can be, even outside of the direct restrictions on your life placed in your specific order by the judge. Having a restraining order on your record can influence how you are treated by law enforcement officers and employers and can affect your eligibility under certain state institutions. Additionally, your criminal history is public, which...

Often, in the pursuit of personal safety and the safety of loved ones, victims of various forms of abuse and exploitation will seek out new addresses. In order to maintain safety, it is important to keep new addresses secret to avoid retaliation from abusers or to escape stalkers. Refusing to personally disclose your new address is an important step, it can be necessary to have accurate addresses on file for public records of various civil agencies. Fortunately, in the state...

Any type of restraining order on your criminal record severely limits your freedom in the state of Illinois. You will be barred from possessing a FOID card, your custody cases can be severely impacted, and employers may choose other candidates solely based on this one factor. Further, violating a restraining order has serious consequences, and committing a violation may not be as difficult as you may believe. Protections put into place through a restraining order can vary according to the...

Being stalked is an extremely scary situation. Our sense of mental health and our feelings of safety depends on feeling like our private spaces are in fact genuinely private. In the course of daily life, it is likely that all of us have run into someone who seems to lack respect for this privacy for whatever reason. People who engage in unwanted communication can cause us to feel annoyed, angry, or unsafe. Often, individuals who are willing to disrespect your...

We know that petitioners require different kinds of protection depending on their circumstances. Additionally, we know that those issuing a restraining order will want to understand what the terms of their order are, how long it will last, and what the legal burden is. There are various different types of restraining orders, and these different types and conditions can indicate different lengths and terms. It is important to know the differences between the lengths of Plenary Orders of Protection, Stalking...

Having an order of protection (OP) taken out against you can have wide-ranging consequences that affect your firearm rights, child custody outcomes, and employment opportunities. Having a judge decide against you in an order of protection case can deeply damage your reputation and standing as a citizen. Once you have an order of protection taken out against you, it is difficult and in many cases impossible to strike it out from your record. Defending against the order of protection and...

Unfortunately, despite the popular admonition to “pick on something your own size,” bullies, abusers, and stalkers do not often target people who they feel can fight back. An abuser’s behavior is predatory, which is why they will often go after older adults, children, or women who they consider too weak to fight back. If you have an elderly family member who is being harassed by another member of your household or by another relative, you can assist them in acquiring...

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...

Are you a loved one being harassed or followed by a person who does not belong to your family or who does not reside in your household? We have talked before about who is protected by an Order of Protection, but what if you have need of a restraining order for a stranger, friend, or mere acquaintance? Maybe someone you know has taken a fancy to you, and despite your repeated refusal to date them, they just will not leave...

If you have had a Stalking No Contact Order taken out on you, you should be aware that the state of Illinois treats stalking as a serious offense. Despite what you may think about the weight of a stalking offense or about whether your actions constitute stalking, you need to contact a lawyer immediately. If you believe you may be at risk of having a restraining order petitioned against you and you are attempting to look up information about what...

Home is an important concept for all of us. Home is where we go to rejuvenate, recharge, and relax in preparation for the many trials and tribulations we face in our everyday lives. Some of us put enormous effort into furnishing our homes and making our living space cozy and warm. Often, we seek out cohabitation with a spouse or other loved ones. It is important that we feel protected, safe, and secure in our home arrangements. However, sometimes our...