HENDERSON & MEHTA
Law and Mediation
Orders of Protection Lawyers - Joliet - Will County, IL
Orders of protections are used to protect victims of domestic violence from their abusive relatives, boyfriends/girlfriends, or former boyfriends / girlfriends. An attorney experienced in the area of orders of protection can help protect you and your children from domestic abuse.
Sometimes when there is a parentage, custody / parental allocation or divorce case one party will attempt to use an order of protection to gain an advantage in the family law case. This practice is shameful and unfortunate. If you find yourself in this situation as a victim of a fabricated order of protection, it is important to hire an attorney to represent your interests.
Orders of Protections are used to protect victims of Domestic Violence from further abuse.
Who can File an Order of Protection?
To obtain an Order of Protection against an individual there needs to be a specific relationship between the aggressor and the victim. This can be a relationship between spouses, former spouses, dating relationship, parent/child relationship, parties who are unmarried with a child in common, roommates, siblings, step-siblings, step-parents/step-child, grandparent/grandchild, in-laws, or other family members. The Order of Protection Act also allows a person to obtain an Order of Protection on the behalf of any child or dependent adult in their care. In addition, anyone can file a Petition for Order of Protection on behalf of a disabled adult who is being abused, neglected or exploited.
For parties who are being abused but do not have the relationships required to obtain an Order of Protection, they can seek a No-Contact or Stalking Order from the court. These individuals must demonstrate to the court that their abuser has committed two or more specific incidents where they were harassed or abused.
Where is an Order of Protection filed?
An Order of Protection is filed at the courthouse of the county where: (1) the victim resides; (2) the abuser resides; (3) where the abuse occurred; or (4) the county where the victim fled to if the victim fled the abuser’s residence and could not obtain safe, accessible housing in the prior county of residence;
What is the process for obtaining an Order of Protection?
If you, a child in your care, or dependent adult in your care is a victim of domestic violence, you must file an Emergency Petition for an Order of Protection. If the Judge who hears the Order of Protection finds that there is an immediate and present danger to the victim, he or she may issue an Emergency Order of Protection. The abuser often does not have notice of this proceeding and does not appear.
What are the different types of Order of Protections?
An Emergency Order of Protection is granted for 21 days. The Court must find that there is an immediate, present danger. Due to the sensitive nature of domestic violence the victim does not need to give notice to the abuser prior to obtaining an Order of Protection.
The Court may also issue an Interim Order of Protection for up to 30 days. To obtain an interim Order of Protection, the person you are seeking to obtain the Order of Protection against must have notice.
Plenary Order of Protection
A Plenary Order of Protection is an Order of Protection for a fixed period of time not to exceed two years.
Any order of protection may be extended beyond the initial time period by a showing of good cause. A specific Motion will need to be filed with the court to seek an extension.
What Constitutes as Abuse to Obtain an Order of Protection?
The law recognizes certain acts as abuse that can be used to obtain an Order of Protection. Unfortunately, the law does not always recognize all acts that are harmful as abuse. It is always in your best interest to consult with an attorney to determine if specific acts would qualify as abuse needed to obtain an Order of Protection.
Some acts include:
(1) Harassment - harassment includes: creating a disturbance at petitioner’s place of employment or school; repeatedly telephoning petitioner’s place of employment, home or residency; repeatedly following petitioner about in a public place or places; repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows; improperly concealing a minor child from petitioner; threatening physical force, confinement or restraint on one or more occasions.
(2) Intimidation of a dependent. This means subjecting a person who is dependent because of age, health, or disability to participation in or witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse.
(3) Interference with personal liberty. This includes committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain to refrain from conduct in which she or he has a right to engage.
(4) Willful Deprivation. This means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm.
(5) Exploitation or the illegal or use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, breach of fiduciary relationship, by fraud, deception, or extortion or the use of such assets or resources in a manner contrary to law.
What are the Remedies that can be Granted by an Order of Protection?
The court has the authority to grant many remedies through an Order of Protection including:
(1)Prohibition of Abuse, Neglect , or Exploitation. This includes prohibition of harassment, interference with personal liberty, intimidation of a dependent, physical abuse, or willful deprivation, neglect or exploitation;
(2) Grant Exclusive Possession of the Residence. This refers to the victim being able to residence in the residence without the abuser.
(3) A Stay Away Order that prohibits the abuser from coming a certain distance from the victim’s residence, school, employment
(4) Counseling. The Court can require that the abuser undergo counseling with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor,
(5) Physical Care and Possession of the Minor Child;
(6) Temporary Allocation of Parental Allocation; YOU CAN LEARN MORE BY CLICKING HERE
(7) Parenting Time. The Court may restrict or deny parenting time if the court finds that (1) it is likely to abuse or endanger the minor child during parenting time; (2) use the parenting time as an opportunity; improperly conceal or detain the minor child; or (4) otherwise act in a manner that is not in the best interests of the minor child.
(8) Removal or Concealment of Minor Child. Prohibit respondent from removing a minor child from the State or concealing the child within the state;
(9) Order to Appear. Order the respondent to appear in court, alone or with minor child, to prevent abuse , neglect, removal or concealment of the child to return the child to the custody or care of petitioner.
(10)Possession of Personal Property
(11) Protection of Property. Forbid the Respondent from taking, transferring, encumbering, concealing, damaging or otherwise disposing of any real or personal property;
(12) Protection of Animals. Grant the Petitioner exclusive, care, custody, or control of any animal owned, possessed, leased, kept or held by either the petitioner or respondent or a minor child residing in the residence or household of either the petitioner and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal;
(13) Order Payment for Support.
(14)Order for Payment of Losses.
(15) Prohibition of Entry. Prohibit the respondent from entering or remaining in th residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the petitioner.
(16) Prohibition of Firearm Possession;
(17) Prohibition of Access to Records;
(18) Order for payment of shelter services
(19) Order for Injunctive Relief. Enter injunctive relief necessary or appropriate to prevent further abuse
(20) Telephone Services. The court may order a wireless telephone service to transfer to the victim the right to continue to use a telephone number.
What happens if an Order of Protection is violated?
A violation of an Order of Protection may be enforced through criminal proceedings if the violation in and of itself was a crime. A violation of Order of Protection may also be enforced through contempt proceedings.
Sometimes when there is a Parentage, Custody/Parental Allocation or Divorce Case one party will attempt to use an Order of Protection to gain an advantage in the Family Law case. This practice is shameful and unfortunate. If you find yourself in this situation as a victim of a fabricated Order of Protection, it is important to hire an attorney to represent your interests.
What do I do if I need an Order of Protection?
Your best resource is a trained attorney to guide you through the process. All to often, Orders of Protections are simply denied because the specific requirements needed are not fulfilled. Of course the police remain a resource in the event of an emergency.
The Attorneys at Henderson & Mehta Law and Mediation are trained to obtain Orders of Protections for their clients. Please call us today to discuss filling an Order of Protection.
What do I do if Someone Files a Baseless Order of Protection Against Me?
It is not uncommon for individuals to abuse the Order of Protection court and file false or incorrect Orders of Protections in cases where Parental Allocation or Custody is at issue. This frequently occurs when there is a Divorce or Legal Separation or Parentage Action on file. Your best resource if you are dealing with a false order of protection is to contact an attorney to defend yourself. Orders of Protections can have serious and far-reaching consequences.
The attorneys at Henderson & Mehta Law and Mediation have extensive knowledge of orders of protections, including their defense. Please call us today to discuss your Order of Protection Defense.