At Merel Family Law, we often speak with people who aren’t sure whether they qualify to request legal protection from someone causing them harm and do not recognize that legal help is necessary to get them out of an abusive situation. In Illinois, orders of protection are available to individuals experiencing abuse, threats, or harassment from someone they know. These legal tools are designed to help protect people from future harm. If you’re unsure whether you’re eligible, a Chicago, IL order of protection lawyer from our team can help you understand your rights and take the appropriate steps to get you safe.
People Eligible To File
Orders of protection are typically available to those who have a personal relationship with the person they’re seeking protection from. Under Illinois law, the following individuals may file:
- Spouses or ex-spouses
- Dating or romantic partners (current or former)
- Parents, children, or other family members by blood or marriage
- People who live or have lived together
- Individuals who share a child
- Caregivers for disabled or elderly persons
These protections are intended to protect people from physical violence as well as other forms of abuse. They may also be used to protect people from verbal and emotional abuse, intimidation, harassment, stalking, and if someone is interfering with an individual’s personal liberty.
Filing On Behalf Of Someone Else
In certain situations, someone may file for an order of protection on behalf of another person. This is most common when a parent files on behalf of a child or when a caregiver files for someone who is elderly, disabled, or otherwise unable to file for themselves.
If someone is acting as a guardian or legal representative, the court may allow them to pursue legal protection for the person in their care. We help families understand the requirements and prepare the necessary documentation to move forward.
What An Order Of Protection Can Do
When granted, an order of protection may include a range of court-ordered rules to prevent future harm. These can include:
- Prohibiting the abuser from contacting the petitioner
- Ordering the abuser to stay away from the home, school, or workplace
- Granting temporary custody or exclusive possession of shared property
- Requiring the abuser to attend counseling or surrender firearms
It is at the judge’s discretion to tailor the order to the specific circumstances of a case and the level of threat the victim(s) are facing. The order may be temporary or long-term, depending on what is needed. If an ex or someone else ignores court orders, they may face serious consequences. Court orders are orders, not suggestions.
Steps To Start The Process
To begin, the person seeking protection must file a petition with the court. This includes a statement describing what happened, who was involved, and why protection is needed. Emergency orders can be issued the same day without the other person present. A full hearing will follow within a short period to decide whether a longer-term order is appropriate.
We help clients prepare and file petitions, represent them in court, and respond to any follow-up legal steps. Timing and accuracy are important, so we recommend acting quickly if someone is in danger.
Talk To Us About Legal Protection
At Merel Family Law, we support individuals and families seeking legal protection from abuse or harassment. We are an award winning, nationally and locally recognized law firm with 100s of five-star Google reviews. If you or someone you care about needs legal protection, contact us today. We’ll explain your legal options and help you take the next step forward with confidence and feeling protected..
