What Are Emergency Orders of Protection?

 Posted on September 21, 2018 in Family Law

Unfortunately, domestic violence continues to be a serious issue in the United States. In fact, a study by the National Coalition Against Domestic Violence found that in this country, approximately 20 men and women are physically abused by an intimate partner every minute.

Although most people consider domestic violence physical abuse. It can also be physical, psychological, emotional, financial, or sexual abuse. Since the majority of individuals who are victims of abuse try to justify the actions of the abuser, they fail to report the domestic violence.

Failing to report domestic violence is incredibly dangerous because domestic violence almost always escalates. In order to fight domestic violence, all the states in the United States have laws for emergency orders of protection, which are also known as restraining orders.

While emergency orders of protection are unable to physically stop an abuser from contacting the victim, they come with serious penalties for abusers who do not follow the laws.

How are Emergency Orders of Protection Useful?

A judge can issue an emergency order of protection based on the testimony of a victim or a potential victim. If the judge believes the victim is in a situation where they may be abused, this type of order will likely be issued. It is important to note that an arrest is not required for an emergency order.

In Illinois, emergency order of protection can last for up to 21. This way, the victim can acquire a longer protection order and protect themselves from abuse. Emergency protective orders go into effect right away and also have the potential to:

• Award the victim temporary custody of children;
• Prevent the abuser from communicating or contacting the victim;
• Order the abuser to remain a certain distance away from the victim and their residence or workplace;
• Stop the abuser from entering the victim’s property; and
• Prohibit the abuser from contacting the children of the victim or coming within a certain distance from them.

There are other provisions a judge may add to emergency protective orders if they are necessary for the circumstances of the victim. For instance, a judge may stop an abuser from communicating with a victim’s close friend or extended family member.

Contact Our Experienced Hinsdale Domestic Violence Lawyers

If you are a victim of domestic violence or are afraid you may become one, our firm can help. Reach out to our experienced Hinsdale domestic violence lawyers today to discuss your options. For a confidential consultation, please call at 630-920-8855 today.

Source:

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