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Court Orders of Protection Can Help

Victims of Domestic Violence

If you or someone you know has been threatened or is a victim of physical, sexual or psychological harm, you’re not alone. Sadly, domestic violence affects more than 32 million Americans each year.

Thankfully, legal help is available through a court-mandated Order of Protection.

“An Order of Protection may be just a piece of paper, but it is a very powerful piece of paper that can protect a victim from harm,” says Judge Maureen Ward Kirby, a judge in the Circuit Court of Cook County, and a member of the Illinois Judges Association (IJA).

Often, victims may be hesitant to go to court for an Order of Protection for fear of embarrassment or they may feel overwhelmed by the paperwork, she says, but there is plenty of help available.

Most judicial circuits throughout the state provide an Order of Protection form on-line, but you can also obtain one at the courthouse in the county where you reside. A clerk at the courthouse can help you fill out the paperwork and answer any questions you may have. The law provides that there are no fees charged for filing an Order of Protection.

There are two types of Orders of Protection:  an ex parte emergency order and a plenary order.  In an emergency order, a judge grants the order based solely on evidence and testimony by the petitioner, without holding a hearing or obtaining the abuser’s knowledge or consent.  This order will be in effect for 14-21 days, until a court hearing with notice to the respondent (the alleged abuser) can be held.  A plenary order is issued after a full hearing with both parties present.  The plenary order protects the victim for a period up to two years.

Orders of Protection can be filed in civil or criminal court, explains Judge Joseph R. Waldeck, a circuit judge in the 19^th judicial circuit who is also an Illinois Judges Association member. “If it is obtained in civil court, no criminal charges will be filed,” he states. “In order to file in criminal court, the victim must be willing to file criminal charges.” If you go to a civil court for an order of protection, a private attorney or legal assistance agency can represent you or, you may choose to represent yourself. There is no arrest or sentencing with non-criminal cases. If criminal charges are filed, your local State’s Attorney will represent you.

To obtain an emergency order of protection, the judge needs to be convinced that you were threatened with or actually experienced violence which includes harassment, stalking, physical abuse, intimidation of a dependent, interference with personal liberty, willful deprivation and exploitation. A judge reviews your petition for the order, hears your testimony, and makes a decision. In most instances, the emergency order is granted.

Once you receive the emergency order, you’ll need to return to court for a hearing on a specific date for the plenary order. You must attend or the judge may dismiss your case. At the hearing, you will tell the judge your story. You also should bring evidence such as witnesses or photos, emails, voicemails that prove your statements.

The Order which the court grants will contain specific information to stop the abuse, requiring the abuser to stay away from your home, your workplace and your family, and prohibiting any contact by phone, letters, e-mails, and so forth.

“The most important thing is that you don’t’ need to go through this alone,” says Judge Kirby. “There are numerous resources available, and victims should feel comfortable taking advantage of them.”

The Illinois Judges Association, established in 1971, provides continuing legal education to members of the judiciary and education to the public on the Illinois courts and court procedures. For further information, write to the IJA at 321 S. Plymouth Court, Chicago, IL 60604-3997, or visit their web site at www.ija.org.

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NOTE:  The information contained herein does not constitute legal advice.