An Order of Protection is a written Court Order which lawfully prohibits abusive behavior. The Illinois Domestic Violence Act (“IDVA”) is a law that relates specifically to family and household members. Under the IDVA, a Circuit Court Judge can order and forbid a family or household member from continuous abusive behavior by granting an Order of Protection. Whether you are the person seeking an Order of Protection or the individual who is ordered to comply, it is extremely important to understand the severity and obligations of such an Order.
The Order is protective by nature and usually requires that the alleged abuser stay away from the victim and ceases all contact with him or her. The IDVA considers various behaviors as abusive including physical abuse, harassment, intimidation of a dependent, interference with personal liberty, willful deprivation, exploitation and stalking. These types of restraining Orders are only put in place after a Judge deems it necessary. It is imperative to understand the Order and to comply with the restrictions outlined therein. Anyone found to be in violation of an Order of Protection will find him or herself in a legal position much worse than that which required the Order in the first place.
Orders of Protection can be entered to protect a spouse, an ex-spouse, a girlfriend/boyfriend who have or have had a dating or engagement relationship, parents, children, stepchildren, significant other/partner, persons who share or allege to have a blood relationship through a child, persons who live together or formerly lived together and persons with disabilities and their personal assistants.
Orders of Protection are a serious matter. It is critical to understand the parameters of the Order, the relevant Court dates, and the consequences of violating an Order. Please contact us for free consultation to understand your rights.