Belleville Orders of Protection Attorney
Defending Your Family From Domestic Violence In Belleville
Domestic violence can physically and emotionally devastate you and your family. If you or your children are victims of abuse, please take steps now to protect yourself and your loved ones. We understand how serious and overwhelming such situations may be, and we are here to help you get the protection under Illinois law that you need and deserve. At Buchmiller Family Law, LLC, our legal professionals can help you obtain Orders of Protection so you and your children have the protection and peace of mind necessary to move forward in safety.
Understanding Domestic Violence Under Illinois Law
Domestic violence includes acts of violence, forms of harassment, intimidation, threats, or any other form of interference with one’s personal liberty. In general, under the Illinois Domestic Violence Act, domestic violence is issued between family or household members. Members that are within this category include, but are not limited to, the following: spouses, ex-spouses, parents, children, stepchildren, and persons who have lived together or have a child in common.
If you or your child has been a victim of domestic violence, there is protection available under Illinois law called an Order of Protection. It prohibits the abuser from contacting you, coming near your residence or workplace, and even removes them from your shared residence.
Orders Of Protection In Illinois
An Order of Protection is a court order that serves to safeguard you and your family against abuse. It forms one of the most crucial options under the Illinois Domestic Violence Act as described in 750 ILCS 60/214. In this regard, it works to bar further abuse by the abuser through a legal prohibition against such action.
Types Of Orders Of Protection
Emergency Order Of Protection
An Emergency Order of Protection is granted quickly without the abuser being notified. This type of order is called ex parte, which means “for one party only.” The judge can give the order on the same day it is filed and make it last up to 21 days. We will describe how to file for an EOP as a way to receive immediate protection for yourself and your children.
Interim Order Of Protection
After an Emergency Order of Protection has expired, the court may then grant an Interim Order valid for up to 30 days. This the court issues when the abuser has been served with due notice and an opportunity to appear. Our protection order attorneys can assist you in getting protection extended pending a final hearing.
Plenary Order Of Protection
A Plenary Order, on the other hand, is issued after a full hearing where both you and the abuser have presented evidence. A plenary protective order may be issued for as long as two years. The order may be renewed upon your request. We will represent you to implement the required protection.
Order Of Protection On Behalf Of The Children
If one believes that a child is being abused, threatened, or harassed, one mustn’t waste a minute longer. According to the Illinois Domestic Violence Act 750 ILCS 60/214, one can file for an Order of Protection on behalf of the children. This assures protection to the child against injury from the abuser, whether the abuser is a family member or somebody living in the household.
Supervised Visitation And Parental Rights
If the abuser is a parent, the court may allow supervised visitation to protect the child. In cases where the court believes even supervised visitation poses a risk, then it may restrain or refuse parenting time. Our firm will work with you to secure your child’s safety and make sure any visitation or custody order issued reflects what is in your child’s best interests.
Legal Remedies And Protections In An Order Of Protection
An Order of Protection can provide different types of legal protections depending upon your situation. In Illinois, an Order of Protection can do the following:
- Restraining the abuser from contacting you or your child
- Requiring the abuser to stay away from your home, workplace, or child’s school
- Giving you temporary custody of your child
- Preventing the abuser from interfering with your parental rights
- Suspending or limiting the abuser’s visitation rights
- Forcing the abuser to attend counseling or therapy
- Removing the abuser from shared residence
- Prohibiting the abuser from possessing firearms
These are added in place for the protection and safety of you and your family. We will work with you in order to receive the exact protections you require based on your situation.
How To File An Order Of Protection In Illinois
Filing an Order of Protection is a serious and important method of ensuring your own safety and that of your children. We can help you prepare a petition to the Court, identifying the abuses and providing reasons why protection is required. Once filed, the court may issue an Emergency Order of Protection the same day if there is immediate danger present.
We will be there to walk you through this process, file all appropriate paperwork, and represent you in any court hearings. Our goal is to get you the protection you need as expeditiously as possible.
Protection Order Violations
If any part of an Order of Protection is violated by the abuser, a significant crime has occurred. According to Illinois laws, violation of an order may comprise criminal acts that even involve violation of an Order of Protection under 720 ILCS 5/12-3.4. Based on this, serving time in jail, fines, or both could be part of the punishment. If your Order of Protection is violated, we will assist you in seeking immediate legal action toward enforcement of the order and protection of your rights.
Illinois Domestic Violence FAQs
How Long Does It Take To Get An Emergency Order Of Protection?
You can get an Emergency Order of Protection on the same day you file a petition, so long as there is an immediate need to protect you. The order will be effective immediately and will remain valid for as long as 21 days while waiting for a court hearing on further orders.
How Do I Get An Order Of Protection Extended?
If your current Order of Protection is about to expire, then it may be extended. We will help you petition the court to extend the order and provide the required evidence to keep you and your family safe.
Can An Order Of Protection Be Issued On Behalf Of My Child?
Yes, you can file for an Order of Protection on behalf of your child if he/she is a victim of domestic violence or when they are in danger of threatened domestic violence. In such a situation, the court can grant the issuance of an Order of Protection with provisions that fit your child’s needs to protect them from further harm.
What Is The Difference Between An Order Of Protection And A Restraining Order?
An Order of Protection in Illinois applies only to situations involving domestic violence and encompasses provisions such as custody, visitation, and living arrangements. A restraining order would apply to other types of disputes and would not carry all of the same protections.
What Do I Do If The Abuser Violates The Order Of Protection?
If the abuser violates any part of the order, immediately contact the police. They will enforce the order, and the abuser can be subject to criminal charges for the violation. We will also help you file the necessary documents to make sure the violation is addressed through the legal system.
Call Our Belleville Domestic Violence Attorney For Help
Let’s Protect Your Family Today
Therefore, if you or any of your children have become victims of domestic violence, we are here to help you seek legal protection for yourself. This may involve, first and foremost, seeking an Order of Protection, which may offer you safety and peace of mind. Whether you need protection on an immediate basis through an Emergency Order or long-term legal solutions, we are ready to assist you.
Call our Belleville domestic violence attorneys at Buchmiller Family Law, LLC by calling 618-432-1866 to arrange your free 15-minute telephone consultation. Let us work together with you to take whatever steps are necessary to keep you and your family safe from harm.
