A Chicago couple has been arguing nearly non-stop since the middle of April. They have barely been able to pay their mortgage as the husband has suffered drastic wage cuts due to the recent shutdown order. The husband thinks that his employer is trying to force him to quit. With the turbulent economy, he becomes panicked and anxious about losing his job.
One day, his employer finally notifies him that his position has been terminated. The husband has not told his wife that he has lost almost all of their savings on his gambling addiction. Faced with a foreclosure, he is at the end of his rope. He takes out his handgun and threatens to commit acts of violence against himself and others. His wife and kids get out of the house. In this situation and others like it, an emergency order of protection is necessary.
What is an Emergency Order of Protection?
In Illinois, an emergency order of protection is a legally enforceable court order that protects the holder. The holder of the order of protection is called the petitioner and the person who is restricted by the order is called the respondent. An EOP takes effect as soon as a judge approves the order and it is served on the person you are asking for protection from.
The Benefits of Seeking an Emergency Order of Protection
One of the key benefits of an emergency order of protection is that a petitioner can secure the order extremely quickly. If someone is in a dangerous situation, he or she can seek an emergency order of protection right away without having to interact with the dangerous individual.
An Illinois court will schedule an ex parte hearing. The petitioner seeking the order does not need to notify the respondent of the hearing. The respondent does not need to attend the ex parte hearing. A judge can grant an emergency order of protection for 14 to 21 days, an amount of time that will allow the petitioner to get to a safe place and make a plan for going forward.
How to Secure an Emergency Order or Protection
If you are seeking an emergency order of protection, you will need to testify before a judge in an ex parte hearing. You can seek an emergency order of protection on behalf of yourself, your minor child, another household member, or an incapacitated adult. You will need to provide testimony that the respondent has engaged in physical abuse, harassment, intimidation of a dependent, or interference with personal liberty.
Ex parte hearings are not lengthy court hearings like you might see on television. Judges are usually willing to grant emergency orders of protection based on the testimony of the petitioner. In other words, you will be able to testify as to the act or acts that are causing you to need to file an emergency order of protection.
Contact an Experienced Schaumburg Lawyer Today
We always recommend that petitioners hire an experienced lawyer to represent them during the process. If you need to seek an emergency order of protection, Glasgow & Olsson can help. Contact our Schaumburg law firm as soon as possible to schedule your initial consultation.