The intention of order of protection is honorable. They’re meant to shield victims of abuse, including domestic partners, children, or high-risk adults in vulnerable situations, from acts of harm against a person perceived as a threat to them.
A petitioner can file for an order of protection on behalf of themselves or children in their care. Anyone can file on behalf of abused people who can’t file for themselves due to disability, age, health, or other restrictions. In many cases, an order is necessary to save or preserve lives. But in other cases, orders of protection can be too broad or needlessly limiting.
What Orders of Protection Can Cover, and Why the Respondent Needs an Illinois Criminal Defense Attorney?
Orders of protection, as provided for by the Illinois Domestic Violence Act, can cover a wide range of actions, depending on the circumstances as put forward by the petitioner. Some of the activities or situations that such an order might regulate include:
- Physical distance – A minimum amount of feet of yards the respondent must stay away from the petitioner
- No-contact orders – Including all forms of communication, including in person, phone calls, text messages, letters, voice mail, social media, third parties, and more
- Living arrangements – Instructions for respondents to vacate their house or apartment
- Children – Denied access to a respondent’s children or visitations under strict conditions
- Firearms – Confiscation of respondent’s weapons, or restrictions on accessing or possessing them
The best criminal attorney in Chicago can make a compelling case against the overreach or inapplicability of these conditions.
How Protection Orders Work
In Illinois, a petitioner can request an order of protection on an emergency basis. The hearing is generally ex parte, meaning the defendant doesn’t have to be present, or even know about the hearing, for the order to go into effect. Typically, emergency orders are effective for 14 to 21 days, whether or not order of protection attorneys are retained or assigned.
At the end of the emergency hearing, the judge schedules the next round of proceedings to consider a plenary order of protection. The petitioner must attend in person, and the defendant must be notified the hearing is taking place. However, if the defendant, or their Illinois criminal defense attorney, doesn’t appear to defend themselves, the protection order is granted and extended—sometimes for up to two years.
To issue an order of protection, the judge must be convinced that the defendant poses a security risk to the petitioner—that it’s likely the defendant will physically hurt the person asking for the order. In cases where the defendant is being asked to leave their residence, the judge must be certain that the threat they pose is significant and immediate.
Consequences of Breaking an Order of Protection
A defendant who violates an order of protection, even when they’re unaware of its being in effect, can be subject to arrest after the petitioner files a police report. The petitioner can also request that a judge enforce the order of protection through further action. For that reason, defendants are strongly advised to always have the order against them in their possession, to support their acknowledgment of its rules in case of an erroneous or baseless arrest.
Retain the Best Criminal Attorney in Chicago for Your Case
To protect your rights in case of an order against you, you need an experienced attorney who understands your concerns and will usher you through the complicated judicial process. if you or a loved one are in need of help due to a domestic dispute that is causing physical or emotional pain to you or a loved one, please contact Edward Johnson and Associates P.C. at 708-606-4386.
Edward Johnson and Associates P.C.
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Chicago’s Best criminal lawyers, providing the most complete criminal defense at low cost. Specializing in Criminal Defense cases involving DUI, Drug, Weapons, Murder, Civil Forfeiture, Orders of Protection and more!
Edward Johnson and Associates P.C.
555 W Jackson Blvd.
Chicago, IL 60661
We proudly serve all of Illinois including the following cities and counties: Chicago, Cook County, DuPage County, Kane County, Will County, Lake County, McHenry County and southern Illinois districts.