When do I need an Order of Protection?

What is an Order of Protection?

An Order of Protection is a court order which restricts someone who has abused a family or household member. An Order of Protection may:

  • prohibit an abuser from continuing threats and abuse;
  • order an abuser out of a shared home or residence;
  • order an abuser out of that home while they are using drugs or alcohol;
  • order an abuser to stay away from you and other persons protected by the order and keep abuser from your work, school, or other specific locations;
  • prohibit an abuser from taking or hiding children, give you temporary custody, or require the abuser to bring the child to court;
  • require an abuser to attend counseling;
  • require an abuser to turn weapons over to local law enforcement; and/or
  • prohibit an abuser from other actions.

How do I obtain an Order of Protection?

To obtain an Order of Protection, you should ask your attorney to file in civil court or in a criminal prosecution.  If you are already going through an existing divorce or family court proceeding with the abuser, you may file it in that proceeding.  The divorce and family law attorneys at The Law Offices of Robert F. Kramer, Ltd. are experienced in helping clients in need of Orders of Protection obtain the legal remedies they need to protect themselves and their family members.

If you do not have an attorney, you can go to your local circuit court clerk’s office and get the necessary forms to seek an Order of Protection for yourself, or you may contact a domestic violence program for help completing the necessary forms.

What is Domestic Violence?

What is Domestic Violence?

Any person who commits an act of abuse against another family member or household member has broken Illinois domestic violence law.

How are family or household members defined?  Under Illinois law, family or household members are defined as:

  • family members related by blood or marriage;
  • people who are married or used to be married;
  • people who share or used to share a home, apartment, or other dwelling;
  • people who have or say they have a child in common;
  • people who have or say they have a blood relationship through a child;
  • people who are dating or used to date, including same sex couples; and
  • people with disabilities and their personal assistants.

 

What is an act of abuse?  An act of abuse in Illinois includes:

  • physical abuse (such as pushing, hitting, forced sex);
  • harassment (such as creating a disturbance at your job, repeatedly telephoning, following or watching you, preventing you from seeing your child, threatening to hurt you);
  • interference with personal liberty (such as not allowing you to leave);
  • making a child or other person watch abuse; and
  • denying a disabled person access to needed care.

Domestic violence is a serious issue and assistance may be obtained from law enforcement, domestic violence programs, court personnel and family law attorneys. The divorce and family law attorneys at The Law Offices of Robert F. Kramer, Ltd., are experienced in helping clients who have been victims of domestic violence obtain the legal remedies they need to protect themselves and their family members.

 

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