Orders of Protection

If you are a victim of stalking, harassment, physical abuse, verbal abuse, or other forms of abuse, you may not feel safe in your home or even outside of your home. It can be very difficult to know where to turn for help and most of all to identify yourself as a victim of domestic violence or a victim at all. The first step is simply picking up the phone and calling The Law Office of Tiffany M. Hughes, P.C. All information that you share with us is strictly confidential and will never be shared with anyone without your permission. If you are ready to talk to an attorney about seeking an order of protection or refuting an order of protection issued against you, we are here to help you.

Types of Orders of Protection

An order of protection is a court order issued by a Judge. An order of protection is issued by the Judge to protect you from abuse. This order can prohibit a person from seeing, visiting, or communicating with a particular person and even people associated with that particular person. Additionally, it gives police the legal authority to act and enforce the court order in instances of harassment, intimidation and violent actions. If the order of protection is violated, that individual can be arrested. Orders of protection are civil orders as opposed to a criminal order or criminal offense. However, depending on the nature and type of the abuse, the abuser may be in violation of a criminal law, thereby making it also a criminal offense. There are three types of orders of protection in Illinois that are differentiated by the length of time each order is enforceable.

Depending on the circumstances of your case, the judge may order one of the following:

  • Emergency Order of Protection: Emergency orders are typically issued after a hearing of which you did not receive notice of, as the person requesting the order of protection claimed to the Judge that there was a high risk of harm to him/her if you knew about the order of protection being filed (i.e. an “ex parte” order of protection). This order typically lasts up to a maximum of 21 days. The Judge will set a new court date (typically 21 days after the first court date from when the order of protection was issued), which will be listed on the notice you received. That date listed on the order of protection order requires that you must attend and/or hire an attorney if you want to contest the order of protection being in place.
  • Interim Order of Protection: Interim orders are typically issued to extend the Emergency Order of Protection by up to 30 days. You are required to receive notice of the scheduled second hearing court date. Your appearance at the court date may be required. Its important to contact us if there is an order of protection issued against you or if you were the one that asked the court for the order of protection. We can advise you of your rights and whether your appearance in court is required and how to proceed forward.
  • Plenary Order of Protection: Plenary orders are typically issued after a full hearing before a Judge, where both parties present evidence of the allegations contained in their original petition for an order of protection. If the person seeking the order was successful in proving the statutory requirements for having an order of protection issued, then a plenary order of protection is granted. If the plenary order of protection is granted, it can last for up to two (2) years. Please note, if you did not show up for this hearing, then the plenary order of protection can be automatically issued.

What happens when an Order of Protection expires?

We can assist you in renewing the Order of Protection, which can be done only one time. Additionally, there are specific statutory requirements regarding a renewal of which one critical requirement is renewing prior to expiration. However, just simply asking the court to renew it does not mean that it will be renewed automatically. When seeking an Order of Protection, it is crucial that you first speak with a knowledgable and experienced family law attorney to draft and file your petition for a protection order, to represent you in court at your hearing, and to help you enforce your order of protection in and out of court, if necessary. The attorneys at The Law Office of Tiffany M. Hughes will draft, prepare and strategize with you so that the process is as simple as possible. We will guide you through what to expect in and out of court, and be your point of contact and support throughout all stages of the process.  The preparation and legal know how to successfully obtain an order of protection can be painstaking. However, we will ensure that everything is handled for you, including the preparation of all supporting evidence for court (i.e. police reports, medical records, testimony, and evidence of injuries) and will be by your side zealously advocating for you throughout the process.

Responding to an Order of Protection

If you receive an order of protection in court, in the mail, or in-person that contains false accusations, do not panic. We can assist you in legally responding to the order of protection and even seek to have it dismissed all together. When you receive notice of the order of protection, you will also receive a form with instructions and a deadline to properly respond, which is usually a short timeframe. It is important to follow the instructions and immediately contact the attorneys at The Law Office of Tiffany M. Hughes who have renowned experience in responding, dismissing and contesting the order of protection in court.

Contact Us Today

For more information on how the reputable family law attorneys at The Law Office of Tiffany M. Hughes can help you during all aspects of an order of protection in Cook, Kane, DuPage, Lake, Will, McHenry, and surrounding counties, contact us immediately to schedule your complementary consultation today at 773-893-0228.

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