Any person experiencing abuse by a family or household member or a person from a present or former relationship, whether the abuse is verbal or physical, as defined by the domestic violence statute, is entitled to seek an Order of Protection on behalf of himself or herself or on behalf of a child or dependent adult. The Petition for Order of Protection must be filed in good faith and the Petitioner must genuinely fear for his or her safety or for the safety of a minor or dependent disabled adult. In Illinois, the legal definition of domestic violence includes physical and sexual violence, harassment, verbal threats that cause a person to fear for their safety, stalking, unlawful imprisonment, and interfering with a person's personal liberty.
Family lawyer Judy A. Goldstein is known for protecting the rights of her clients. She is a fierce advocate for her clients, both male and female, and has successfully helped many domestic violence victims secure the order of protection that they need to keep themselves and their families safe.Orders of Protection
An order of protection is a court order intended to protect a person and/or his or her family from the violent or harassing actions of an abuser. Men, women, and minors can seek an order of protection against any relative (mother, father, son, daughter, grandparent, step relative), person with whom they live, an ex-spouse or partner or romantic interest, or any caregiver that has committed domestic violence against them.
An order of protection forbids the abuser from engaging in any abusive or harassing behavior toward the victim and prevents the abuser from going near the victim for a designated amount of time. A order of protection may also provide other restrictions, depending on the specifics of the case, and can include provisions concerning visitation, child custody, child support, counseling and other key issues.
There are three orders of protection available to domestic violence victim in Illinois:
Emergency Order of Protection: The Respondent (Defendant) need be be, and frequently is not, present when the Petitioner (Plaintiff) appears in court for an Emergency Order of Protection. As the name implies, there is some emergency basis for such an Order which overrides the Respondent’s right to notice. If the Respondent was not in court for entry of this type of Order, then the Order is considered ex parte, which means that only one side of a controversy has appeared before the judge. If granted, the Emergency Order of Protection is valid for a limited number of days and can be extended for the same amount of time if necessary. Hearing is then set so that the Respondent can appear in court and defend the allegations.
Interim Order of Protection: An Interim Order of Protection is valid for up to 30 days and can be extended repeatedly if necessary. The alleged abuser will need to have appeared in court at least once before a judge can grant this kind of protection order. An interim order is intended to protect the victim until a full hearing can be held.
Plenary Order of Protection: This more permanent order of protection can last up to two years. Typically, it is ordered for the duration of a pending divorce or parentage case. If the Respondent (Defendant) contests extension of the Order of Protection, a full hearing must be conducted and the judge must find that there is a basis for entry of the Pleanary Order of Protection.
Victims of abuse often seek Orders of Protection pro se, or on their own. Attorney Goldstein has also helped her clients secure extensions or modifications of Orders of Protection as needed.Clients Accused of Domestic Violence
At Goldstein & Associates/Law Offices-Mediation Center, we are aware that there will be times when a man or women must defend a charge of domestic violence. We represent Respondents zealously toward a just outcome.
An Order of Protection can affect certain rights of the accused. It can affect parenting time, access to a person’s home as well as job duties in certain circumstances. A concurrent criminal charge could also lead to jail time and a criminal record.
To schedule an initial consultation, please call Goldstein & Associates/Law Offices-Mediation Center at (708) 479-0800 or contact us online.