Orders of Protection Overview

Domestic violence is a severe issue with significant consequences, especially when children are affected. Family disputes can often consist of violence or threats of violence. However, domestic violence has had a long standing history of not being sufficiently dealt with.

One legal action that victims may seek is through obtaining an order of protection. Orders of protection can allow a victim of domestic violence to escape the abusive behavior and break the chain of power. They place restrictions on this abusive behavior, thus creating a barrier between the victim and their abuser. It is also a crime to violate Orders of Protection which gives a strong incentive for the abuser to stay away.

WHAT ARE THE DIFFERENT TYPES OF ORDERS OF PROTECTION?

In Illinois there are three different types of orders of protections with majority of all starting as an emergency order of protection:

• EMERGENCY ORDER OF PROTECTION: Following an emergency hearing, an emergency order of protection can be granted immediately. This is a temporary order and lasts for twenty-one days. A hearing is conducted after the twenty-one day expiration date and can be extended or terminated.
• INTERIM ORDER OF PROTECTION: If the above hearing is not scheduled in time, a Judge can enter an interim order of protection in order to extend the emergency order. This order lasts for thirty days.
• PLENARY ORDER OF PROTECTION: After an evidentiary hearing takes place and both parties have had the opportunity to present their evidence, a plenary order of protection will be entered if the victim has proven their case. A plenary order of protection can last up to two years.

Under the Illinois Domestic Violence Act of 1986, if the “court finds that petitioner has been abused by a family or household member…an order of protection prohibiting the abuse, neglect, or exploitation shall issue.” 750 ILCS 60/214

WHAT IS CONSIDERED ABUSE UNDER THE ACT?

Abuse can take many different forms including physical or psychological. The Illinois Domestic Violence Act defines “abuse” as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” 750 ILCS 60/103(1).

• HARASSMENT: “…knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:(i) creating a disturbance at petitioner’s place of employment or school;(ii) repeatedly telephoning petitioner’s place of employment, home or residence;(iii) repeatedly following petitioner about in a public place or places;(iv) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;(v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner’s from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or(vi) threatening physical force, confinement or restraint on one or more occasions.” 750 ILCS 60/103(7)
• INTIMIDATION OF A DEPENDENT: “…subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.” 750 ILCS 60/103(10)
• INTERFERENCE WITH PERSONAL LIBERTY: “…committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.” 750 ILCS 103(9)
• WILL DEPRIVATION: “…willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment.”750 ILCS 60/103(15)

HELPFUL RESOURCES

A pattern of domestic violence seldom stops. If you have or experienced abuse, it is important to take affirmative action to break the chain of power as this harmful behavior can have extensive and damaging effects.

If you are in immediate danger, call 911, your local emergency number, or local law enforcement agency. The following resources can also help:

• National Domestic Violence Hotline: The hotline is staffed with advocates who are available to chat 27/4 regarding crisis intervention and referrals to resources.
  • 800-799-SAFE (7233)
  • 800-787-3224 (TTY)
• Illinois Domestic Violence Hotline: This hotline is staffed with advocates local to Illinois and are available to chat 24/7.
  • 847-221-5680

• SHALVA: (shalvacares.org) A supportive community “dedicated to breaking the cycle of domestic abuse, where everyone feels safe and respected in their home or relationship.” SHALVA offers “deep Jewish cultural competency and expertise in domestic abuse to support our diverse community.” “SHALVA empowers those experiencing and healing from domestic abuse by offering confidential counseling or referral and needed supportive services. SHALVA works for lasting social change through community education aimed at increasing awareness, understanding, prevention, and healthy relationships.”
  • • SHALVA’s Guiding Principles –
      • Core belief: Everyone has the right to feel safe in their intimate partner relationship.
      • SHALVA is rooted in the following Jewish values:
        • We strive for peaceful relations in one’s home based on mutual responsibility and respect. Shalom Bayit (peace in the home)
        • We aim to provide the highest quality client-centered services in a safe and supportive environment. Chesed (kindness)
        • We believe domestic abuse is a community issue. We must not be bystanders when we see suffering. Lo Ta’amod Al Dam Rayekha (do not stand idly by)
        • We help clients maintain and/or regain their dignity, sense of self, and control over their lives. We believe that every person has great value and deserves to be treated with respect. Kavod (respect)
      • Domestic Abuse doesn’t discriminate. Anyone can be impacted by domestic abuse regardless of gender identity, race, ethnicity, age, sexual orientation, religion, education, or socioeconomic background