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posted on 12/11/17

Much like we did in a previous series, we decided to approach the issue of protective orders in Illinois with a series of blogs, since we get so many questions about such orders, both from people who need to obtain them and want to oppose them. For this series, we will focus on a love triangle.

One dark and stormy night, the police come to a well-known actor’s house and ask to speak with his wife, Kelly. Since she is still on Cloud Nine after her recent wedding to Dash Riprock, Kelly blithely answers their questions about her former roommate, Lizzy. Unbeknownst to Kelly, Lizzy has accused Kelly of harassing behavior, as both are romantically interested in Kelly’s husband. There is some truth to these allegations, in that Kelly had sent Lizzy some threatening texts and even showed up at her workplace once to tell her to stay away from Dash. But, truth be told, Lizzy does about as much stalking as Kelly.

Things get worse for Kelly. The chief interrogator, who is distracted by constant text messages from his wife, erroneously records that Kelly made some incriminating statements. The police supervisor, who correctly recalls that this jurisdiction has zero tolerance for domestic violence, then orders Kelly’s arrest. She is released on bond the next day, but the judge issues a protective order. She struggles to comply with this order, because for some strange reason, she and Lizzy always seem to be at the same place.

Restraining Order Basics in Illinois

Sometimes, restraining order applications roughly follow this fact pattern because they are part of an amorphous love triangle or, more commonly, part of an ongoing child custody dispute. For this reason, in some states (exclusive of Illinois), judges do not grant ex parte protective orders if there is a similar proceeding in family court, or they at least scrutinize these applications closely.

In Chicago, however, judges almost always approve emergency protective orders if the alleged victim provides facts related to:

  • Physical Abuse: At this stage, most judges accept almost any allegations of sexual or physical violence that are not clearly fabricated. Under the law, physical violence also includes reckless behavior and intentional sleep deprivation.
  • Harassment: One act of physical abuse can support an EPO. But if the alleged victim claims that the alleged abuser made harassing phone calls, surveillance, and so on, there must generally be a pattern of conduct. Prominent exceptions include causing a disturbance at work or hiding children.
  • Willful Deprivation: Allegations that the alleged abuser deprived the alleged victim of food, medicine, or medical treatment usually do not support an EPO application absent other allegations because it is simply impossible to know whether the actor wanted to hurt the victim or not.

EPOs last up to 21 days, and in some cases, they may include provisions excluding the alleged abuser from a common residence and/or requiring the alleged abuser to turn over personal property items.

After the alleged abuser has received notice of the Illinois EPO and either the alleged abuser or an attorney has entered an appearance, the alleged victim may obtain an interim protective order. Interim orders may also contain additional provisions, such as a directive to attend counselling, reimburse for medical expenses, or pay financial support. Interim orders last up to 30 days.

After a full hearing, a Chicago judge may grant a plenary order that lasts for up to two years. These orders are essentially like interim orders, except they last longer. Plenary orders may also be renewed, if the judge feels the alleged victim is still in danger.

Count on Assertive Lawyers

Judges freely grant protective orders and they also entertain challenges to these applications. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Artem Kovalev)