Domestic Violence is a serious crime that has since been recognized by the Illinois Domestic Violence Act (IDVA). Any act of violence, whether it be hitting, kicking, choking, making threats or any interference with a persons well-being can result in a Order of Protection.
An Order of Protection is a written court document that is signed by the judge from the court where it was ordered from, which in turn puts limitations on a household or family member. To be eligible to receive a written Order, you must show evidence of violence or abuse. (reports of injures, statements from other family members or witnesses who saw the act take place, a police report, torn or bloody clothing, photos of damage, ect.)
There are three kinds of Orders of Protection:
1. Emergency: An Emergency Order of Protection can be granted in court without the Respondent based on testimony given by the victim. Emergency Orders of Protection can last up to 21 days without a hearing or agreed continuance.
2. Interim: An Interim Order of Protection can be granted if the abuser (or his lawyer) has made an appearance in court and has also been notified of victims court date. These usually occur between Emergency Orders and Plenary Orders while the matters are being contested in court. Interim Orders last up to 30 days but can extended.
3. Plenary: A plenary Order is a full order of protection made available only when all the legal requirements for the abuser have been satisfied. This type of order can last up to two years and can be extended another two years if needed. They are granted if proven by a preponderance of the evidence.
Once any of the above Orders are approved, the judge can grant the following:
- Forbid any further abuse, neglect, or exploitation.
- Order abuser to stay away from you and other persons protected by the order; including certain locations.
- Recommend counseling for the abuser
- Prohibit abuser from hiding a child and/or taking a child in and out of state.
- Determine visitation rights
- Order the abuser to pay the victim for losses suffered as a direct result of the abuse. (court costs, medical bills, ect.)
- Require abuser to pay support for a minor child (or children) that might be living with you.
Any violation of the ordered protection can result in a misdemeanor or a class felony, which then can result in jail time and fines upward to $25,000 if a Class 4 felony is reached.
If you are charged with Domestic Battery or are facing an Order of Protection, call the Law Offices of J. Samuel Worley before it’s too late: 312-600-8655.