Even the fastest first responders are reactive because although law enforcement typically responds quickly to domestic disturbance calls, they typically cannot intervene in a situation until that call comes. However, a protective order is proactive. It puts interested third parties on notice, like daycares and schools, and basically gives them a “heads-up” that there are serious issues and additional safeguards that need to be in place. A protective order also deters alleged abusers from committing further abuse because they know that if they violate it, they may face additional criminal charges.
All these things make protective orders a good option in abuse situations, and almost everyone agrees that protective orders serve an important function. However, there is some concern about possible abuses in the system, and some advocates are determined to address these issues.
Protection Available
Although nearly all protective order filers are either spouses or persons filing on behalf of children, the Illinois Domestic Violence Act applies in several situations:
- Allegedly abused household members, which normally includes anyone related by blood or marriage who resides in the same household,
- Any high-risk disabled or aged adult “who is abused, neglected, or exploited by a family or household member,”
- Minor children, and
- Some domestic violence shelter residents.
Alleged victims generally do not have to pay filing or service fees.
Judges can issue emergency protective orders based solely on the petitioner’s sworn testimony, since the judge only needs to find reasonable cause to believe that domestic violence has occurred. Such abuse includes:
- Harassment or stalking,
- Physical abuse,
- Intimidation, or
- Restrictions on physical liberty.
EPOs are usually valid for up to 21 days. In terms of content, EPOs are typically keep-away orders that prohibit alleged abusers from going near a certain place, such as a daycare or school. In some cases, the judge may also sign a kick-out order excluding the alleged abuser from a joint residence and apply other conditions as well, such as surrendering firearms. In these situations, the judge must believe that the danger of harm to the alleged victims outweighs the alleged abusers’ property rights, so as a practical matter, alleged victims need to present additional evidence.
Questioning Emergency Protective Orders
There are some people who feel that the pen is a little too powerful at this point because judges nearly always grant emergency protective orders despite the fact that they only hear one side of the story. For a while, some state courts refused to address custody issues in EPOs because the Third District ruled that “Obtaining an order of protection is not the proper procedure for resolving child custody or visitation issues. Those issues should be resolved under the Illinois Marriage and Dissolution of Marriage Act.” Most courts no longer follow 2004’s Radke v. Radke, but the decision is technically still valid.
Some advocates feel that assessing filing fees or forcing non-prevailing petitioners to pay the respondents’ attorneys’ fees would reduce the number of frivolous filings, but there has been little or no movement in this area.
Reach Out to Assertive Attorneys
Both alleged victims and alleged abusers have rights at the EPO stage. For a free consultation with an experienced family law attorney in Schaumburg, contact Glasgow & Olsson. We are committed to Chicagoland families of all shapes, sizes, and types.