Many people who have suffered domestic abuse look to the Shelby County courts to help them. Frequently, this consists of filing a restraining order, which often is called an order of protection.
What Is an Order of Protection?
These orders may be available to people who have suffered physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation at the hands of a family or household member.
Illinois has three types of orders of protection, and you may ask an attorney to help you obtain a domestic violence order of protection in Shelby County.
Emergency Orders of Protection
These orders are issued without prior notification to the abuser so that the survivor won’t suffer harm as a result of the proceeding. With such an order, it may be possible to have the abuser removed from a shared home if the survivor can show immediate danger.
Emergency orders last for 14-21 days, which is long enough to schedule a hearing for a plenary order.
Full court hearings are not required to obtain an interim order, but the abuser must either make an appearance in court or be notified of the proceedings in advance. These orders are used to protect survivors between the expiration of an emergency order and a hearing for a plenary order. Interim orders last for 30 days.
These orders are granted for a two-year period, and they may be renewed indefinitely. Plenary orders are obtained only after a full court hearing in which both the survivor and the alleged abuser are able to give evidence.
When you file for an order of protection to protect yourself from an abuser, it is necessary to fill out various forms and to describe the abusive incidents that have occurred. It may be wise to work with a skilled family law attorney who can help to ensure that these documents are complete, accurate, and properly filed with the court.
Your attorney also will represent you at any hearings and present critical evidence that supports your case, thereby making it more likely that you will succeed in obtaining an order of protection. Once the order is granted, your abuser can be arrested and charged with any violations of the order.
If you would like to know more about the process for obtaining a domestic violence order of protection in Shelby County, please contact Rincker Law at (217) 774-1373.
"This blog is for informational purposes only and is not intended to create an attorney-client relationship. It is recommended that you speak to an attorney licensed in your jurisdiction before relying on the information in this blog."