Orders of Protection

It is not uncommon for there to be issues between divorcing spouses, but instances of violence or threats of violence can lead to courts possibly issuing orders of protections that command one spouse to stay away from the other spouse. It is important for people to understand that orders of protection in Illinois may be either civil or criminal, and the two types are handled very differently.

Brinkmeier Law, LLC assists people who need help procuring orders of protection as well as people who are fighting orders of protection. Our firm has experience dealing with orders of protection throughout all of Cook County.

What is an Order of Protection?

A civil petition for an order of protection is filed in court by an alleged victim or their lawyer. Under 750 Illinois Compiled Statute (ILCS) § 60/214, otherwise known as the Illinois Domestic Violence Act of 1986, a court that finds a petitioner has been abused by a family or household member or is a high-risk adult who has been abused, neglected, or exploited must issue an order of protection prohibiting the abuse, neglect, or exploitation of that person.

750 ILCS § 60/103(1) defines abuse as meaning physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Abuse has also been found to mean one parent concealing a child from the other parent.

Of course, when a spouse commits a criminal offense like battery or assault, the victim should always inform the local police or state’s attorney’s office. This complaint could lead to a criminal case against an alleged offender. However, regardless of whether the police take the issue seriously, the victim should also always consider obtaining an Emergency Order of Protection (which can last for up to 21 days) and then a Plenary Order of Protection (which can last for up to 2 years).

Orders of protection may protect alleged, their children, and even pets and property.

Violating the terms of an Order of Protection can be a Class A misdemeanor for a first offense and is a felony for subsequent offenses.

Call Us Today to Schedule a Free Consultation with Our Illinois Orders of Protection Attorney

If you are facing the prospect of an order of protection or you need help obtaining an order of protection, retain legal counsel right away to give yourself the best chance of getting your desired result. Brinkmeier Law, LLC, has experience on both sides of these types of agreements and knows how to help people get the outcomes they are seeking.

Our firm will work hard to prove your case in court and help you move forward with your divorce. You can call (312) 291-4486 or contact us to take advantage of a free consultation with our Illinois orders of protection attorney.