This is the third post in my series on the handling of cases involving orders of protection in Peoria, Illinois. My last article discussed the process that must be completed before an order is obtained. I also provided information on what one can expect after being served with an Order of Protection. In this article I will discuss the circumstances in which a Court is likely to issue an Order of Protection. If you need assistance, contact my office today to speak with a fathers’ rights lawyer.
The state of Illinois recognizes three different types of orders of protection. Each order will have a specified duration which can be extended depending on the circumstances surrounding the case. The first type of order is a temporary order. The maximum duration for a temporary order is 21 days. These orders are effective immediately and are often granted to the alleged victim within 24 hours of filing. The second type of order is referred to as an Interim Order. These have a duration of up to thirty days and are usually granted once the accused has been served with a notice of the order. The final type of order is called a plenary order. These orders are more permanent in nature and are typically valid for up to two years. In cases in which the accused poses a continuing threat, it is common for a plenary order to be renewed at the end of the two-year duration. It is important to note that once an order has been filed against you, violating that order constitutes a criminal offense. Penalties for the first violation range from a fine to twenty-four hours in jail. This is why it is crucial that you contact a lawyer immediately if you have received notice of an Order of Protection.
Courts will grant an Order of Protection or restraining order under a variety of circumstances. The most common reason to grant an order of protection is when there is a credible threat of violence, stalking, or harassment. This means that the individual seeking the order will need to provide the Court with some form of evidence that supports their claim. A generalized allegation is typically not sufficient enough to warrant an order of protection. However, because domestic violence is a serious issue, a Judge may be willing to grant a temporary order in an exercise of caution. Nonetheless, an alleged victim armed with police reports, medical reports, or even visible injuries has an even greater chance of receiving an Order of Protection. Orders of Protection may also be granted to an adult on the behalf of a minor child based on an accusation of abuse or extreme neglect. These types of allegations are taken very seriously and often serve as the basis for other court proceedings. For instance, an order of protection can result in a temporary loss of child custody or visitation rights. Because these orders can have disastrous effects one’s future, it is imperative that counsel be retained as soon as possible.
Judges do not look kindly upon on those accused of domestic violence. This is why it is important to have an advocate on your side that will formulate a defense based on your particular circumstances. Contact my office today to speak with an attorney. In addition to Peoria, I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.