How to Obtain an Order of Protection in Illinois Family Law Cases

 Posted on March 14, 2019 in Family Law

For those who have faced the unfortunate circumstances of being abused or neglected by family members, leaving a dangerous situation can sometimes be almost as frightening as staying. If you have been a victim of domestic violence, or if you are living in fear that you or your children may be harmed by a family member, a family law attorney can help you obtain an order of protection. 

Qualifying for an Order of Protection

According to the Illinois State Police, you may be granted an order of protection against any of the following:

• A spouse or ex-spouse
• Parents, children, or stepchildren
• Someone with whom you formerly lived
• Someone you dated or to whom you were engaged
• Your children’s co-parent 
• Personal assistants to people with disabilities

Types of abuse that an order of protection may address include:

• Physical abuse
• Sexual abuse
• Harassment or stalking
• Forcing a child to witness abuse
• Denying needed care to a disabled person
• Forcing you to do something against your will

Abuse can have long-lasting negative effects on adults and children. Anyone who has dealt with abuse is entitled to protection. 

How to Get Out of an Abusive Situation

Your first step should be asking for help. If you have family members who can assist you, they may be able to provide you with a safe place to stay, although sometimes abusers will know to look for you with your loved ones. You may also try contacting a local shelter or organization that offers help. You can locate a program in your area by calling 800-799-SAFE.

To file for an order of protection, you will have to go to the circuit court clerk’s office in your county and get the proper paperwork. You may also ask an attorney to help you file a petition in civil court against your abuser. If criminal charges have already been filed against your abuser, you can ask for a restraining order at that time as well.

You will need to take as much money as you can when you leave your abuser. You will also want to remember your ID, debit and credit cards, whatever unpaid bills you may need to address, any important papers you may need, medical records and prescriptions, some clothing, and sentimental items. If you have children, you should take all of the above for them, including their favorite toys, blankets, or other necessary items. It is best to assume that you will not be able to get back into your house to retrieve anything left behind.

Contact a Cook County Order of Protection Attorney

Wakenight and Associates, P.C. can guide you through the process of obtaining an order of protection. You will likely need an experienced Oak Park family law attorney to ensure that you follow all the proper steps to ensure your safety. To learn about your legal options for escaping an abusive situation, call our office at 708-480-9651 to set up a free consultation.

Sources:

http://www.isp.state.il.us/crime/domesticviol.cfm

https://www2.illinois.gov/sites/gac/OSG/Pages/PG-Emrgc.aspx