Chicago Injunction Against Harassment Lawyer
Privacy is a right every person is entitled to, and others must respect it. However, some do not recognize this right and would actively cause others emotional and mental distress. Some will not stop their actions even if they face legal trouble for their continuous behavior.
Fortunately, the law of many states, Illinois included, knows how harassment can affect a victim’s mindset. One of the available legal actions a victim can pursue against their harassers is filing for an injunction or a restraining order that will stop the harasser from continuing their act. However, how can a victim file for an injunction against their harassers if they are not sure what the legal process is like?
Fortunately, the lawyers at Chicago Criminal Defense Attorneys are ready to help you with your Chicago injunction against harassment case. We can explain how the process works in filing for an injunction and help you get the injunction in place to stop the harassment you are receiving. You can also trust us to help you report any violations to the injunctions and request any modifications or appeal against it if you believe it will not work for your situation.
Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Consultation with a Chicago Injunction Against Harassment lawyer.
Definition of Harassment in Illinois
Harassment, under Illinois’ compiled statutes, is defined as an act where a person knowingly causes a reasonable person emotional distress. Some acts that can be considered harassment include sending obscene messages to the victim, persistent harassment through electronic means such as text, e-mail, or social media, and stalking.
Our Chicago, IL criminal law firm can help you identify if your situation is indeed a harassment case and help you understand how we can help you combat it through an injunction.
Understanding Injunction Against Harassment
An injunction is a court order that a party, usually the victim, can request to stop them from committing certain actions or behaviors. Some of these actions include abuse, stalking, and harassment.
There are two types of injunctions in Illinois, and they are:
- Temporary restraining orders (TROs) – This injunction restrains a person from doing a certain activity. Usually, for harassment cases, the harasser can be required to vacate their shared residence with the victim once the court gives a TRO. The duration of TROs usually lasts up to 10 days, and it will need to be renewed to keep it in effect.
- Preliminary and Permanent Injunctions – Both preliminary and permanent injunction also restrains a person from committing certain acts. However, unlike a TRO, preliminary injunctions last until a final judgment is given for the case. Meanwhile, a permanent injunction is granted if there is clear proof that the victim will be at constant risk from the defendant.
Our experts on Chicago injunction against harassment cases are happy to explain each type of injunction and why a specific injunction works best for your situation. We can immediately file the necessary documents to get your injunction petition done and reviewed by the court.
Filing for Injunction Against Harassment
Regardless of the type of injunction you request, it must meet the state’s “irreparable injury rule” before filing. This rule means that the plaintiff, the victim, must show evidence that unless the defendant is ordered to stop their questionable behavior, there will be irreparable consequences to the victim. The injunction must also show that its issuance will serve the public interest, specifically for those who live around the defendant or those they regularly interact with.
To file for an injunction in Chicago, the plaintiff must file their petition in court alongside the evidence they wish to use to support their request. The court will call a hearing, and the other party is notified to attend to respond to the petition. Once all parties have expressed their sides, the court will deliberate to determine if the injunction is granted or not. Should it be granted, the court will immediately put it into effect. There will be a follow-up hearing to determine if the injunction should continue.
Our experts on Chicago injunction against harassment cases will be with you throughout the injunction proceedings to guide you through it and help you make the right decisions on how you want us to proceed. We can also explain to you any points that will be raised in the hearing and provide you with additional resources should you need them.
Modifying and Appealing an Injunction Against Harassment
When the court gives an injunction against harassment, the victim’s circumstances may change in the following months. These circumstances may invalidate certain points of the injunction, so it is crucial to get it modified. Meanwhile, not all injunctions are accepted by victims, as some believe they are not enough to protect them. As a result, many appeal against the injunction and seek a different injunction.
Fortunately, it is quite easy to modify or appeal against an injunction order set by the court. The party can file their motion or appeal in court, which will then review the evidence presented to support their request. The other party, the defendant, will be notified of the hearing to discuss the arguments and allow them to respond to the junction. After the hearing, a decision will be made whether the injunction can be modified or appealed.
Your assigned Chicago injunction lawyer will help you collect the necessary documents to help you with modifying or appealing the injunction order. Our team will also determine if there are grounds for modification or appeals before modifying our legal strategy to suit your needs. We can also answer any questions about this aspect of the injunction.
Talk To Our Legal Experts Today
Being a victim of harassment is not easy, and leaving it alone can be a serious mistake. Once your harassers see that you are ignoring them, they may be tempted to try something dire to get their intended reaction.
But before this happens, don’t hesitate to use the law to protect you and your loved ones. If you need legal advice and representation, Chicago Criminal Defense Attorneys is here. Schedule an appointment with one of our harassment lawyers, and we’ll be more than happy to guide you through the entire process. We are always ready for the challenge and help you and your loved ones stay safe.
Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Consultation with a Chicago Injunction Against Harassment lawyer.