Tag Archives: order of protection
Cook County Circuit Court classifies an order of protection in three various capacities based upon the imminent threat the petitioner is experiencing at the time of filing. Because of the fact domestic violence encumbers a broad range of offensives, it is impossible to unilaterally categorize everything on the same scale. When judges review a petition requesting an order of protection, many factors are involved in determining whether or not an order shall be granted, and if one is indeed granted, what type shall the petitioner receive.
There are typically two instances in which people attend mediation: voluntarily to settle a dispute outside of court or as a result of court ordered mediation. In family law, mediation is most often utilized as an alternative to litigating issues before a judge. If the parties are unsuccessful in finding a resolution during mediation, returning to court is most often the next step.
If you have been notified of court ordered mediation you must attend. Any child custody or child visitation case filed in the Circuit Court of Cook County, whether through a divorce or parentage action, courts mandate parties to attend mediation unless the parties are able to reach an agreement on their own. Nevertheless, in certain instances, such as cases involving domestic violence, substance abuse, mental illness or child abuse, a judge has the authority to keep the parties out of mediation. Furthermore, if circumstances are presented that the parties should not be in close proximity, such as one having an order of protection against the other, mediation would not be considered a viable option.
Domestic violence, or what is now more appropriately referred to as “intimate partner violence,” is a crime taken seriously under Illinois law. Illinois Law gives victims of domestic violence an avenue of safety through “orders of protection.” Orders of protection, which are often referred to as restraining orders, are orders signed by a judge that either order someone to stop certain behavior or to stay away from someone else.
To obtain an order of protection, a person must first ask the court for one by filing a petition. In the petition, the person being abused is required to explain to a judge why an order of protection against their “family or household member” is necessary. This explanation is provided by way of an “affidavit,” wherein the victim of such abuse gives a detailed description of the events that took place. The Illinois Domestic Violence statute relates specifically to “family or household members,” which are defined under the statute as:
Domestic violence can occur in many different ways. A common misconception about domestic violence is that if no physical harm has occurred, it is not considered abuse. This could not be further from the truth. In fact, there are five different types of domestic violence: physical, psychological, sexual, economical and emotional abuse. Unfortunately, any instances of abuse go unnoticed merely because they do not leave physical marks on a victim.
Physical abuse is the area of domestic violence that is most prevalent in advocacy and outreach programs because the harm is clear and obvious. Signs of physical abuse include, but are not limited to: bruises, scars, broken bones, and scratches. hysical abuse is treated seriously in domestic violence cases and victims are likely to receive an order of protection against the offender.