Orders of Protection Lawyer in Chicago

Understanding Orders of Protection in Illinois

An order of protection (often called a restraining order) is a court order meant to protect someone from domestic violence, threats, harassment, or stalking. It can be a critical lifeline for true victims of abuse, but it can also be misused, leading to serious consequences for the person who is accused.

If you are seeking protection from an abusive or threatening situation or facing an order of protection based on exaggerated or false allegations you should speak with a Chicago order of protection attorney as soon as possible.

At Kovacevic Law, we understand how emotional and stressful these cases are. We listen to your story, explain your options, and help you take steps to protect your safety, your reputation, and your legal rights.

What Is Domestic Violence Under Illinois Law?

Orders of protection are connected to “domestic violence” harm or threatened harm involving family or household relationships. These cases can include many different types of conduct, such as:

• Physical battery or assault
• Sexual abuse or coercion
• Stalking or following someone
• Destroying property
• Repeated threats of violence
• Trespassing at a home or workplace
• Harassment, intimidation, or severe emotional abuse
• Animal abuse meant to control or threaten someone
• Unlawful restraint or confinement

When someone claims you committed one of these acts, they can ask a Chicago court to issue an order of protection against you.

Who Can Ask for an Order of Protection?

Illinois law allows many different people connected by family or household relationships to seek an order of protection, including:

• Engaged couples
• Current or former roommates
• Spouses and former spouses
• Children and stepchildren
• Step-parents
• Other family members living in the household
• Caregivers for elderly or disabled adults
• People who are dating or formerly dated
• Parents who share a child

Because these relationships are broad, orders of protection can arise from many different types of situations and not only married couples.

Types of Orders of Protection in Illinois

Illinois courts can issue several types of protective orders, depending on the urgency and stage of the case.

• Emergency Order of Protection: A judge can grant an emergency order based solely on the alleged victim’s statements, without you present in court. These orders are designed to address immediate danger and usually last up to 14 days.
• Interim Order of Protection: If a full hearing cannot be held before the emergency order expires, the judge may issue an interim order. Interim orders can last up to 30 days.
• Plenary Order of Protection: A plenary order is issued only after a full hearing where both sides can present evidence and testimony. The judge reviews all the information and decides whether a longer order is necessary. A plenary order of protection can last for up to 2 years and may be extended.

What Happens If an Order of Protection Is Entered Against You?

If a court issues an order of protection against you, your everyday life can change overnight. Depending on the terms of the order, the court may:

• Require you to stay a certain distance away from the petitioner
• Prohibit all contact (in person, phone, text, email, social media)
• Order you to leave the shared home, even if your name is on the lease or mortgage
• Prevent you from visiting certain locations, including work, school, or public places
• Suspend your right to own or possess firearms
• Require you to pay temporary support or cover certain financial losses
• Order you to attend counseling, anger management, or other programs

These restrictions can affect your family, your job, your housing, and your reputation. That is why it is important to act quickly and get legal advice about how to respond.

Consequences of Violating an Order of Protection

Orders of protection are issued by a civil court, but violating one can lead to serious criminal penalties. If you ignore or accidentally violate any part of the order, you may face:

• Jail time for contempt of court
• Criminal charges for violation of an order of protection
• Additional fines and court costs
• Loss of custody or parenting time
• Loss of gun ownership rights
• Eviction or job loss in some cases

Even a “minor” or unintentional violation like replying to a text or showing up somewhere you did not know the protected party would be can cause serious legal problems. If you have been accused of violating an order of protection, contact an attorney immediately.