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posted on 2/24/16

One of the most compelling reasons to obtain a protective order is that it shifts the balance of power in a relationship. Instead of waiting for the situation to worsen, alleged victims can take control of the situation. A protective order is also valuable in terms of third parties. Peace officers who may hesitate to become involved in what they see as a domestic dispute will not hesitate to enforce a court order. These orders also put churches, daycares, schools, and other facilities on notice, and if they assist in a violation of a protective order, these groups may be held criminally liable.

Who Can File

In some cases, a third party, like a relative or the Department of Children and Family Services may obtain a civil protective order. But the petitioner is nearly always a family member seeking protection against another family member. This phrase is broadly defined to include:

  • Current or former spouse,
  • Current or former dating partner (the exact nature of the relationship is generally a fact question),
  • Parent, grandparent, or step-parent,
  • Child or step-child,
  • A person related by blood or marriage,
  • Current or former roommate, and
  • Elderly caregiver.

An order of protection can also be sought against a current or former same-sex partner.

Types of Orders

Protective orders offer both immediate relief and a measure of long-term stability. At the same time, it is important to remember that these laws are in place to protect the weak and not punish the strong. So, there are procedural and evidentiary safeguards at every level.

  • Emergency Orders: A judge will grant this order ex parte (without notice to the alleged abuser) if there is evidence that the harm the order seeks to prevent might occur if the alleged abuser received such notice. Furthermore, a judge will grant a kick-out order excluding the respondent from a shared residence, upon evidence that the danger of potential abuse outweighs the hardship on the alleged abuser. Finally, a judge will award possession of personal property based on a showing that the alleged abuser would likely destroy such property. Emergency orders are typically good for 21 days.
  • Interim Orders: Frequently, the alleged abuser receives notice, but the emergency order expires before a hearing can be held. In these situations, a judge can sign an interim order which essentially mirrors that emergency order and is good for 30 days.
  • Plenary Order: After both sides have the opportunity to present evidence, a judge can sign a long-term protective order that lasts up to two years.

Domestic violence is a criminal offense and, in some cases, a local prosecutor may be able to obtain an order from a criminal judge. The main difference between a civil and criminal order is that the prosecuting attorney does not represent you or your children and is not an advocate for your best interests.

Attorneys Who are on Your Side

At Glasgow & Olsson, our experienced lawyers stand up for your rights by aggressively pursuing all the remedies available in a protective order. Contact us today for a confidential consultation. Our main office is conveniently located in Schaumburg.