Domestic Violence/Orders of Protection

The Illinois Domestic Violence Act provides that an abused person may obtain an Order of Protection against another individual with whom they have a family relationship. This relationship may include a family or dating relationship. The effect of an Order of Protection may provide for the exclusive possession of a residence, custody and visitation with children, and access to and possession of property. Any such Order does not divide or determine who the property belongs to, but merely who is able to retain possession of it until the termination or modification of the Order.

An Emergency Order of Protection may be obtained exparte (without notice to the other party). The Emergency Order of Protection may last for a period up to 21 days at which time the Court may hold a hearing on the Petition for Order of Protection. If the Court determines that abuse has occurred, then it must enter a Plenary Order of Protection for a period of time not to exceed two years. Upon a properly filed motion, the hearing on the Petition for Order of Protection may be accelerated and held prior to the expiration of the Emergency Order of Protection.

The Illinois Domestic Violence Act defines abuse as: physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis. Any such abuse that the Court finds may serve as a basis for entry of an Order of Protection. A party violating an order of protection may be subject to criminal prosecution.