How Can I Get an Order of Protection in Kane County?

 Posted on August 14, 2023 in Family Law

Making the decision to pursue an order of protection against your abuser is a big step that takes a lot of courage. Many survivors of domestic violence make multiple attempts to leave their relationship before successfully breaking free. If you obtain a protection order, your chances of staying free from further abuse are higher. A protection order can be instrumental to escaping. A common barrier to escape people who are experiencing domestic violence face is not having a place to go should they leave. A protection order can solve this problem by forcing your abuser to leave the home and stay away from you. This means that you will be able to continue living at home, even if your house or apartment is in your spouse’s name. Having a safe place to live can give you the chance you need to plan for independence in the future. If you are married to your abuser, you may wish to obtain a protection order before filing for divorce for safety reasons. An attorney can help you establish a safety plan and pursue a protection order.

Steps for Getting a Protection Order

It is highly advisable to be represented by an attorney when you are pursuing a protection order. Steps to getting an order of protection include:

• File a petition - Your attorney will file a petition with the court alleging that your partner has abused you and you need a protection order.

• Obtain temporary orders - In response to your petition, the court will likely issue an Emergency Order of Protection. This order generally remains in place until your hearing if it is granted.

• Attend a hearing - If your abuser will not agree to the protection order - which is quite common - then your case will go to trial. The hearing to determine whether your temporary order should become permanent will generally be held within 3 weeks. At the hearing, your abuser will have a chance to refute your allegations and present their side of the case. Your attorney will be able to question your abuser as well.

The hearing may be nerve-wracking. You are not likely looking forward to seeing your abuser in court or potentially being questioned by them or their lawyer. However, getting a protection order is likely to be well worth it should you be granted an order that keeps your abuser away from you for several years.

Contact a Kane County Order of Protection Lawyer

Goostree Law Group is committed to protecting survivors of domestic abuse. Our caring Kane County order of protection attorneys will do all we can to help you stay safe. For a complimentary consultation, call us at 630-584-4800.

Source:

https://kclawlibrary.org/Documents/Orders%20of%20Protection%20A%20Kane%20County%20Primer.pdf