Can I Receive an Order of Protection to Address Domestic Violence?

 Posted on September 28, 2021 in Order of Protection

There are many situations where one or more family members may need to receive protection from domestic abuse. While domestic violence may be a factor in divorce or child custody proceedings, it can also affect former spouses, couples who used to be in a relationship or who share a child, or people who live in the same household. Those who have been the victims of abuse or who fear for the safety of themselves or their loved ones can request an order of protection.

When Are Orders of Protection Appropriate?

A person may ask for an order of protection (which is commonly referred to as a restraining order) in cases where they or their family members have experienced domestic abuse committed by a family member or a person in their household. A person can file a petition for an order of protection for themselves or on behalf of a minor child or an adult with disabilities who is unable to file a petition on their own. These requests may be filed as part of an ongoing divorce or family law case or in a separate legal proceeding.

An order of protection may be needed to address multiple forms of abuse. These could include physical abuse in which a person has inflicted injuries on a member of their family or household, as well as harassment involving threats of violence, speech or actions meant to intimidate a person, causing disturbances at a person’s workplace or school, repeatedly phoning or contacting a person, or other actions that may cause emotional distress. Other abusive actions may include interfering with a family member’s personal liberty, such as by keeping a child confined in a room for an unreasonable amount of time, or willful deprivation of food, medical care, or other forms of assistance.

A victim of stalking may also be able to ask for an order of protection that will prohibit a person from contacting them or engaging in this type of harassing behavior. Stalking involves a course of conduct in which a person engages in at least two acts or types of behavior where they follow, observe, or threaten someone else. Stalking may involve actions such as following a person as they travel to and from work or school, observing them while they are in their home or other locations, contacting them repeatedly through phone calls or electronic messages, vandalizing their property, injuring their pet, or monitoring their communications.

Contact Our Kane County Order of Protection Lawyers

The attorneys of Goostree Law Group understand the importance of ensuring that family members are safe from harm, and we are dedicated to helping our clients take the necessary measures to protect against abuse. In future blogs, we will be looking at the process of obtaining an order of protection and the types of restrictions or orders that can be imposed through an order of protection. If you are looking to escape an abusive situation, or if you believe that you need protection as you pursue a divorce or address child custody issues, we can advise you of your options and provide you with representation during court hearings. Contact our St. Charles family law attorneys at 630-584-4800 to set up a free consultation and get the legal help you need.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3123&ChapterID=57