Chicago Protective Orders Lawyer
For victims of domestic violence and sexual offenses, fear is something they cannot easily shake away, even if they manage to escape their abusers and file charges against them. There are cases where abusers, after being charged, would double their efforts in abusing their victims and not fear the conviction that may be received in the process. A few would even take a step further and ensure their victims drop their sentences by committing additional crimes towards them.
Given the nature of legal proceedings and the belief there are no legal protections available for victims, victims are reluctant to act against their abusers. However, the notion that victims have no protection is not true. In Illinois, in particular, several protective orders are available to match the protection requirements of victims as their case is heard.
If you want protection orders for you and your family or household members, Chicago Criminal Defense Attorneys is a Chicago, IL criminal law firm you should consider. Our legal experts have years of experience dealing with Chicago protective orders for various clients in different cases. We will make the law and the filing process easier to understand and provide you with all the legal support you need as the court hears your request.
Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Consultation with a Chicago Protective Order lawyer.
Definition of Protective Order
In Illinois, a protection or criminal protective order can be filed by a petitioner to protect them from an abusive family or household member or the defendant. Victims of sexual abuse, sexual assault, and stalking can also file for a protective order.
The order will include provisions prohibiting the defendant from approaching the petitioner and harassing, intimidating, or abusing them. Other provisions, such as the exclusive use of a residence, restrictions on firearms ownership, child custody arrangements, and counseling, may also be included in the order.
Types of Protective Orders
Victims can petition for one of the following protective orders while waiting for their cases to be finalized by the court:
- Order of Protection
As its name implies, it provides victims – and identified protected parties – additional protections from the defendant. The defendant will be ordered to stay away from the victim and abide by the restrictions set to them by the court.
There are three types of order of protection that victims can request:
- Emergency Order of Protection
This protective order takes effect immediately once the judge approves it and is usually granted due to the heightened risk of harm from the respondent. The respondent will not be informed of the hearing and will only be made aware when they receive the notice for the hearing date scheduled for the Plenary Order. Because of this fact, the EOP will only be effective for 14 to 21 days.
- Interim Order of Protection
The court grants an Interim Order of Protection after a respondent has been served the order of protection notice or if several attempts have been made to serve the order. When approved, the order will last for a month.
- Plenary Order of Protection
A Plenary Order is given by a court after meeting both parties in a hearing. The petitioner should be in the hearing to get the order issued by the court. Meanwhile, the defendant can skip the hearing, but the plenary order will be given if they do not show up.
A Plenary Order, when granted, will last for 2 years.
- Civil No Contact Order
This specific protective order is given to victims of sexual assault, rape, and other sexual offenses to protect them and their families from the abuser. As the name suggests, the abuser is not allowed to approach or come in contact with those protected by the order.
- Stalking No Contact Order
This protective order stops a stalker from continuing their act and distressing the victim. For stalking to be considered, it must occur more than once.
If you wish to know which order of protection works best based on your case, our legal experts on Chicago protective orders cases are here to help. They will review your case details to determine the best protective order, explain it to you, and prepare your documents so we can apply for it once you are ready. Our legal team will also ensure that the other party is informed of the protective order once it is granted and report any violation made when it occurs.
Filing and Modifying Protective Orders
Regardless of the type of protective order a victim requests from the court, its duration and the number of provisions will depend on the case itself. Protective orders usually last up to two years, but they can be permanent if there is a clear danger to you and your loved ones.
Filing a protective order is quite simple as it can be filed by a lawyer, like us at Chicago Criminal Defense Attorneys, or by the state’s attorney. The court will then consider the petition and call for a hearing to hear the position of all parties. If the court sees due cause for the request, it will be granted to match the victim’s situation.
Should the victim believe that there is a reason to change any aspect of the protective order or get it terminated, they can simply file for a motion before the court. The court will then schedule a hearing to see if there is a reason to approve the request.
Our criminal lawyers are experienced in handling any Chicago protective order cases. They are always available to take up your case. We can help you make the filing for either your request for a protective order or seek a revision for your existing protective order. We will do our best to represent you and your interest in court, and should the result not be in your favor, we will make sure you are ready for the result, no matter what it will be.
Talk To Our Legal Experts Today
Even if an abuser has been charged with domestic violence and other sexual offenses, it is not enough to stop them from pressuring their victims to drop the case and cause further abuse or violence. With a protective order in place, not only will it deter these abusers, but it will also provide protection not just for the victims but also for their family members, who will also be at risk.
Our Chicago, IL criminal law firm guarantees immediate action will be taken once we receive your case and identify the protective order that will give you the most protection. Our legal team will also be with you as the hearings occur so that you are well-informed of the situation and maximize the protections we requested on your behalf.
Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Consultation with a Chicago Protective Order lawyer.