In this blog, we describe Illinois Orders of Protection,
such as: what's the Order of Protection and just how is it distinct from a
restraining order? , and the best way
to apply an Order of Protection. how do Illinois courts decide whether to issue
an Order of Protection?, and how to enforce an Order of Protection.
What is the Order of Protection?
Orders of protection are court orders which could protect 1
relative or family member from the activities another. They are governed by the Illinois Domestic
Violence Act.
Courts will give an Order of Protection if the petitioner
demonstrates three components:
- The petitioner (or a protected party on whose behalf the request has been registered ) is a "family or household member" of the respondent;
- The respondent has "abused" that the petitioner (or a protected party); and
- The court has jurisdiction to hear the case
What's the Difference Between an Order of Protection and a Restraining Order?
A restraining order is a broad term used to normally cover
orders by a civil court needing among those parties to take particular actions
or refrain from taking certain actions.
Orders of Protection would be the right term for what many men and women
mean when they discuss "restraining order" Orders of Protection possess the specific
intention of preventing domestic abuse.
They have a tendency to be easily enforceable and also have stiffer
penalties compared to average civil injunctions. Read more about How to Get an Order of Protection in Illinois
Who Can File a Petition for an Order of Protection in Illinois?
A petition for an order of protection Illinois Could Simply
be successfully Accessed by:
- Someone who was "mistreated" by a Relative or member of their family (notice that "abuse" is a broad term that goes beyond physical attacks );
- Someone submitting on behalf of a minor child or an adult who is not able to file the petition due to age, health, disability or inaccessibility and That Has Been abused by a Relative or member of their family; or
- Someone submitting on behalf of a "high-risk" adult with disabilities that has been abused, neglected, or exploited by a relative or member of their family.
One of the essential constraints on who can file a petition
for an order of protection is the petitioner (or the individual on whose behalf
that the petitioner is filing the petition ) has to be a family member of the
individual against whom the order of protection has been searched (the
"respondent"). Illinois
courts construe the expression "family member" liberally.
Any family member or household member can be named as the
respondent, even if the respondent is a minor.
What Types of Behavior Can an Order of Protection Prohibit?
Judges have the discretion to prohibit a broad range of
Behaviours, including:
- Providing for allocation of parenting time and obligation and child care;
- Prohibiting threats and “abuse,” which is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation;
- Mandating the respondent undergo counselling;
- Preventing the respondent from entering a common house while under the influence of alcohol or drugs;
- Requiring the respondent to stay away from a protected party and/or certain particular locations like a protected party's work or school;
- Adjudicating rights with respect to private property and real estate and
- Requiring or prohibiting other actions from the respondent dependent on the facts of the case.
What Happens at an Illinois Order of Protection Hearing?
Proceedings for Orders of Protection follow the Illinois
Rules of Civil Procedure, even if the Order of Protection proceeding is
connected to a criminal matter.
Order of Protection proceedings differ in average civil
proceeding in a couple of respects. To
begin with, unlike many civil litigation event, there's no right to a jury
trial in an Order of Protection proceeding.
Secondly, Illinois courts handle Order of Protection event as expedited
proceeding. This usually means that
continuances are just allowed for good cause and are retained to a shorter
duration than in other event. When a
continuance is essential for the court to determine on a few but not all of
petitioner's requested remedies, the court will reserve judgment about the
problems requiring a continuance, but won't delay hearing and judgment on other
issues.
The standard of evidence required is "a preponderance
of the evidence," the default standard of proof in civil litigation event,
which necessitates the party with the burden of evidence to prove that the
allegations giving rise to a cause of action are far more likely than not to be
accurate.
