Domestic abuse, physical violence and the threat of physical violence are never acceptable and the attorneys at Edward Johnson and Associates P.C. take these cases very seriously. We’re determined to take every possible precaution to protect our clients and our clients children in the event of any domestic abuse, including hitting your spouse or significant other, making verbal threats and even stalking incidents. Depending on the circumstances, obtaining a restraining order or order of protection may be necessary.

TYPES OF ORDER OF PROTECTION IN ILLINOIS

• Emergency Order of Protection

• Plenary Order of Protection

• Interim Order of Protection

Emergency Order of Protection

If you require an immediate protective order without the accused (abuser) to be present, you should file an Emergency Order of Protection. These Emergency orders typically expire in 14-21 days, but will provide you with enough time to prepare for a potential trial and have a plan of action. When the court issues an EOP, it sets a hearing date for a Plenary Order. Below are some facts about Emergency Orders of Protection:

Obtaining an emergency order of protection is a major step and should not be taken lightly. You should only file for an EOP when a situation becomes increasingly violent and life threatening to you and/or your loved ones, including the following types of abuse:

• Physical: Domestic violence, physical, sexual assault or emotional abuse that has been inflicted upon you or a loved one by another person, including a family member. Did your husband or wife hit you? Did your family member assault you? Did someone threaten your life?
• Harassment: This is an act that occurs daily that creates an emotional disturbance or uncontrolled stress in your life. Examples are constant sexual advances, verballing abusing you at home, work or in public. Are you being emotionally disturbed due to constant verbal abuse? Is this abuse causing your life to become unbalanced?
• Intimidation of a dependent: Is a stranger, family member or authority figure threatening your children or other dependents? If so, you can enact an emergency order of protection immediately. This will also have an effect on any allocation of parental responsibilities hearings held afterward.
• Forced Against Your Will: Also known as Interference with Personal Liberty, Illinois Circuit Court defines this as “committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.” Have you been threatened via harassment or violence to be forced into doing an act against your will?
• Willful deprivation: Depriving an elderly or disabled person of necessary medicine and food are examples of Willful Deprivation. If a person is willfully denying another person who because of their age, health, or disability requires medical care, medication, food, shelter or any physical assistance, and exposing that person to risk both physically and mentally (except with regard to medical care or treatment when the dependent person has expressed an intent to forego such medical care or treatment), they are being deprived of their rights and can immediately file for an emergency order or protection.

Unfortunately, Chicago Police have seen a dramatic increase in domestic violence calls due to the Coronavirus lockdown implemented by the Illinois and US government. Our firm is available 24/7 and will remain open during the lockdown to help our clients who are seeking experienced and professional assistance in filing an Emergency Order of Protection. Please contact us by calling 708.606.4386 if you require immediate assistance due to physical or emotional abuse being done to you or your children.

Plenary Order of Protection

A Plenary Order is issued by a judge after a hearing with both the petitioner – the person seeking safety – and the respondent – the person accused of abuse. The petitioner must be present in court to get the order.

Although the person accused of the abuse must be notified about the hearing, they may choose not to show up. However, if the person accused of abuse does not show up to court, the Plenary Order will be granted.

When a Plenary Order is granted, it lasts for up to 2 years.

Source: Illinois Legal Aid

Interim Order of Protection

The judge may grant a petitioner an Interim Order after a respondent has been served, or if attempts have been made to serve them. This order may last up to 30 days.

Source: Illinois Legal Aid