A Chicago woman is scared for her and her children after her husband threatened to kill her. Her husband has become increasingly paranoid after being laid off from his job. The more he sits at home, the more paranoid he becomes, and the more he obsesses about his wife having an affair.
He tried to get into her phone to check her text messages. When he could not get past her passcode protection, he threw the phone at her and threatened to kill her, while their children were within earshot. She is now wondering whether or not she should pursue an order of protection in Illinois. If you are one of many Illinois residents who may need an order of protection, here are five essential things to know.
What an Order of Protection Does
If you are a domestic violence victim, a judge can sign an order of protection to help keep you safe. An order of protection is a legal document that orders the alleged domestic violence abuser to follow certain rules. Alleged abusers can be ordered to not contact the person who requested the order of protection. In other words, the woman in the above scenario could request that her husband not contact her in person, by phone, at work, at home, or anywhere else.
Each Order of Protection is Unique
Most orders of protection ban a person from coming into contact with the petitioner. The judge has extensive discretion when it comes to what to include in the order of protection. For example, the court can order the husband to leave the apartment or house that the couple shares. The judge could also order the husband not to contact the couple’s children.
Courts Can Order the Alleged Abuser to Pay Costs
Illinois judges have the authority to order the abuser to pay for any costs associated with the abuse. For example, if there are household bills, medical billsuilds, or a loss of earnings associated with the abuse, the court could order the abuser to pay these damages as part of the order.
Petitioners Can Request a Police Escort
If you are concerned about your safety, you can petition the judge to order a police escort for the abuser while he or she removes items from your house or business. With a police escort, you will be protected by the police during any contact that you may need to have with the alleged accuser.
You Can Request an Emergency Order of Protection
Sometimes people assume that getting an order of protection is a long and laborious process. On the contrary, you can file for an emergency order of protection in Illinois. In emergency situations, courts will hear your petition in an ex parte hearing without your abuser. At the ex parte hearing, a judge can issue an emergency order of protection that will go into effect immediately.
Contact an Experienced Illinois Attorney Today
At Glasgow & Olsson, our Schaumburg criminal defense attorneys are ready to help you with any legal issues related to orders of protection that you may have. Contact us today to schedule your initial consultation.