How do I get an Order of Protection?

January 13th, 2024 by Tiffany Hughes

First, to know if you qualify to be granted an Order of Protection from a Judge, its important to understand what an Order of Protection is.

What is an Order of Protection in Illinois?

An Order of Protection is a Court Order issued by a Judge that can provide protection for an abused or harassed individual. In Illinois, Orders of Protection are governed by the Illinois Domestic Violence Act. The family law attorneys at The Law Office of Tiffany M. Hughes, are well versed in ensuring that you and your family are protected. According to Section 102 of the Illinois Domestic Violence Act (IDVA), a Petition for an Order of Protection will be granted if a individual can show that they have been abused by a family or household member. A “family or household member” includes spouses, former spouses, parents, children, step-children, persons who have or allegedly have a child in common, persons who have or have had a dating relationship and persons with disabilities. 750 ILCS 60/102. Additionally, a Petition for an Order of Protection can be filed on behalf of children against an abuser who is a family or household member if the child is under the age of 18.

How do I get an Order of Protection?

Orders of protections can be utilized in a multitude of situations. A common misconception is that a person must be abused physically in order to be eligible for protection, however, that is not the case. Section 103(1) of the IDVA defines “abuse” to include not only physical abuse, but harassment, intimidation of a child, and interference with personal liberty or willful deprivation. An example of the type of harassment that may qualify an individual for an Order of Protection under the IDVA incudes but is certainly not limited to repeated stalking of an individual in public places, repeated calling a person at home or at work, and even electronically messaging someone repeatedly through sites like Facebook and/or Snapchat.

It is also important to note that there are different types of orders of protection that can be sought by a victim of abuse. The first is an Emergency Order of Protection. This type of order is notable in that it does not require that you notify the accused abuser prior to filling the order with the Court; however, you are required to explain to the Court through both a written pleading as well as oral testimony, why the Order of Protection must be granted without allowing the other side the right to due process and appear before the Court. In the event the Court finds that the situation is in fact an emergency and grants the Emergency Order of Protection, said Order is only valid for 14 and 21 days. The Court will then require that both parties come before the Court for a hearing on the Petition for Order of Protection, to allow both sides to tell their side of the story. At that time, the Court may enter grant a Plenary Order of Protection (see below) or may dismiss the Order of Protection in its entirety.

However, if the Court does not find the Petition for Order of Protection an Emergency, the Court may provide a future Court date in which both parties will be required to appear before the Judge to provide the Court both sides of the story prior to the Court ruling on the Petition for Order of Protection; this is referred to as a Plenary Order of Protection. Plenary Orders of Protection are statutorily allowed to be valid for up to two (2) years, and the burden is on the person seeking the Order of Protection.

For more information on how the Divorce and Family Law Attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of qualifying for an Order of Protection, contact us to schedule your complementary phone consultation today at 773-893-0228 or email Tiffany M. Hughes at Tiffanyhughes@thugheslaw.com.

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