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Orders of Protection

Posted on in Divorce

Orders of protections are used in case of domestic abuse or violence, which is when the abuse occurs within a household. The Illinois Domestic Violence Act defines what is considered to be within the household and what is considered to be abuse as follows: Households include:

  • spouses and former spouses,
  • parents,
  • children and stepchildren,
  • personal assistants of disabled people,
  • people who are dating or are engaged to the immediate family,
  • anyone who has children in common with the family
  • people who have or do share a home with the family.

Abuse includes:

  • any physical abuse such as pushing, hitting and forced sex,
  • making someone watch the abuse of another person,
  • denying care to a disabled person,
  • harassment
  • forcing someone to do something that they don't want do to.

There are three types of orders of protection that can be filed for, which are for different uses and different lengths of time.

  1. An Emergency Order of Protection is used to immediately stop abuse and is granted by a judge right away, although it only lasts for 14 to 21 days. This type of order can be granted without informing the person whom it is filed against, so very often that person does not find out about it until after the order has gone into action.
  2. An Interim Order of Protection is only a temporary order, lasting only up to 30 days. This type of order is used while the judge is waiting for something else to happen in the case, such as a trial or hearing. Typically, what is being waited on is for the defendant to be notified of the hearing for the Order of Protection.
  3. A Plenary Order of Protection is only put into action after both the abused and the accused abuser has argued their points in front of a judge during a hearing. Plenary orders can last for up to two years.

If you have suffered from abuse at the hands of someone in your household, the first step may be to file for an order of protection to keep yourself safe. Stock, Carlson & Asso. LLC family law attorneys can assist you with your divorce and protection cases in Wheaton, Ill. today. Contact these divorce attorneys now.

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