What Terms Can Be Included in an Illinois Order of Protection?

 Posted on October 12,2021 in Order of Protection

Family members who have experienced domestic violence have options for addressing their safety, including requesting an order of protection. In recent blogs, we looked at when a person may be able to receive an order of protection and the types of protective orders that are available. It is also important to understand the specific protections that an order can put in place.

Remedies in an Order of Protection

There are a number of “remedies” that may be included in an order of protection. A judge will determine what measures are necessary to prevent any further acts of abuse and ensure that the petitioner and their family members are safe from harm. These remedies may include:

• Prohibition of abuse - The respondent will be ordered to refrain from committing any further acts of abuse, harassment, interference with personal liberty, willful deprivation, harassment, or stalking. In cases involving a disabled adult, the respondent may be prohibited from committing any acts of exploitation involving the misuse of the petitioner’s assets or financial resources.

• Prohibition of removal or concealment - An order of protection may state that the respondent is not allowed to take their child out of the state of Illinois or conceal the child within the state of Illinois in a location that is unknown to the child’s other parent.

• Protection of property - The respondent may be prohibited from taking, concealing, damaging, or destroying any property owned by the petitioner or jointly owned by both parties.

• Stay away and no contact order - The respondent may be ordered to stay away from the respondent, their children, or anyone else named in the order. They may be required to stay a certain distance away, and this prohibition will apply at a person’s home, school, workplace, or any other public or private locations. The respondent may also be prohibited from contacting the petitioner or others named in the order. This will include a restriction on phone calls, emails, text messages, or other forms of direct communication, as well as activities such as sending written notes or asking friends or family members to deliver messages.

• Exclusive possession of residence - If the petitioner and respondent share a residence, the petitioner may be given the exclusive right to live in the home, and the respondent may be prohibited from entering or remaining in the building. When addressing this issue, the court will weigh the hardship that this type of restriction would impose on both the petitioner and the respondent, as well as their dependent children. In most cases, the petitioner will be presumed to have the right to possession of a mutual residence, although the respondent may be granted possession if they can provide evidence showing that their hardships would significantly outweigh the hardships of the petitioner. If necessary, a judge may require the respondent to find alternative housing options for the petitioner.

• Possession of other property and pets - The petitioner may be given exclusive possession of property that is jointly owned by the parties, such as a vehicle or household items. If the respondent currently possesses any property owned by the petitioner or any other property that the court has awarded to the other party, they may be required to turn over this property. The petitioner may also be granted the right to care, custody, and control of any family pets, and the respondent may be prohibited from taking or harming these animals.

• Child custody - A judge may grant physical care and possession of a couple’s children to the petitioner, including the temporary right to significant decision-making responsibilities (legal custody). An order of protection may also include provisions for dividing parenting time between the petitioner and respondent. If the judge believes a child would be at risk of abuse or other forms of harm, they may deny parenting time to the respondent, or they may require that the respondent’s parenting time be supervised.

• Access to records - If an order of protection prohibits the respondent from having contact with a child, it may also deny them access to the child’s school or medical records.

• Counseling - The respondent may be required to undergo psychological or psychiatric treatment to address domestic abuse or other mental health issues, as well as treatment for any related substance abuse issues. A person may need to report to a social worker regularly, receive assessment through an abuse intervention program, and comply with all requirements during an approved course of treatment.

• Support - If the petitioner does not have the financial resources to meet the needs of themselves and their children or other dependants, the respondent may be required to pay ongoing support. This may take the form of child support or spousal support, or the respondent may be required to provide for other needs, such as paying housing costs for a family residence.

• Compensation - The respondent may be required to pay for any costs incurred by the petitioner as a result of domestic abuse. This may include medical expenses, repairs or replacement of damaged property, loss of income, transportation and moving expenses, costs related to temporary shelter, attorney’s fees, and court costs.

• Weapons possession - During the time that an order of protection is in effect, the respondent will usually be prohibited from owning or possessing any firearms. They will be required to turn over their Firearm Owner’s Identification (FOID) card, and any firearms they own may be seized by local law enforcement officials and held for safekeeping. 

• Telephone service - The petitioner may request to transfer cell phone service for themselves and their minor children to their own account, and a wireless service provider will be required to terminate the respondent’s ability to access and use this service. The petitioner may continue to use their current phone numbers, or service may be transferred to new phone numbers to ensure that the petitioner can maintain safety and confidentiality.

Contact Our St. Charles Order of Protection Attorneys

Goostree Law Group believes in protecting the safety of those who have experienced domestic abuse, and we can provide victims with legal help as they seek protective orders. We can also help a person address issues related to divorce or child custody as they leave an abusive situation. Contact our Kane County domestic violence protection lawyers at 630-584-4800 to set up a free consultation today.

Source:

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