How Can an Emergency Order of Protection Help Me Leave an Abusive Relationship?

 Posted on July 20, 2022 in Domestic Violence

Intimate partner violence is shockingly common. The CDC estimates that approximately one in five women and one in seven men have been physically abused by an intimate partner at some point in their lives. Abuse may come in the form of physical violence, psychological manipulation, emotional abuse, or financial exploitation. Whatever the form it comes in, no one ever deserves to be abused by a romantic partner.

If you were threatened or abused by a boyfriend, girlfriend, spouse, or ex, you may want to consider getting an emergency order of protection.

What a Protection Order Can Do For You

Illinois courts offer several different kinds of protection orders. An emergency order of protection (EOP) is designed to be effective immediately. Often, petitioners can get an EOP on the same day they request it. Furthermore, EOPs are offered on an “ex parte” basis. This means that a formal hearing with both the petitioner (abuse victim) and respondent (abuser) is not required for the court to issue an EOP. If you are being abused by a current or former romantic partner, your partner does not need to be present for you to receive an EOP.

Emergency protection orders are customized depending on the petitioner’s needs. If you share a home with the abuser, the EOP may require the respondent to temporarily move out of your home. This gives you time to gather your belongings and get to a safe place. An EOP prohibits the abuser from further abuse, stalking or harassment. The EOP may require the abuser to stay away from your home, workplace, or school. Sometimes, EOPs mandate substance abuse treatment or counseling. An EOP may also be used to temporarily modify parenting time and parental responsibilities.

If an individual violates one or more of the EOP’s requirements, he or she is subject to immediate arrest. Violating an emergency order of protection is a criminal offense.

EOPs are designed to provide temporary safety to an abuse victim, but they are not a permanent solution. Fortunately, Illinois also offers a plenary order of protection that lasts much longer than an EOP. When you petition the court for an EOP, the court will set a hearing date for a plenary order. You and the respondent will each have a chance to provide evidence and tell your side of the story. If the respondent fails to show up at the hearing, the court will likely grant the plenary order. You have to be represented by an attorney who will advocate on your behalf during any protection order hearings.

Contact a Kane County Protection Order Lawyer

At Goostree Law Group, we understand that leaving an abusive relationship is one of the hardest things a person can do. We provide dependable, compassionate legal guidance for individuals seeking protection orders in the Kane County area. Call our St. Charles family law attorneys at 630-584-4800 for a free, confidential consultation to learn how we can help you.

Sources:

https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214