How to Obtain a Protective Order Against an Abusive Spouse

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An average of 24 people per minute are victims of abuse by an intimate partner in the United States, equating to more than 12 million women and men in a single year. We never truly know what someone is going through behind closed doors. If you have suffered domestic violence, you are entitled to protection under Illinois law.

Our lawyers are here to guide you through the process of obtaining a protection order to keep you and your family free from harm’s way.

What is a Protection Order?

Also known as restraining orders, orders of protection are court-issued legal and enforceable documents to protect an abused or harassed victim. Its purpose is to prohibit and make it illegal for an offender to abuse, harass, interfere with personal liberty, or stalk another. It can prevent them from contacting you, approaching you, living with you, owning a gun, and visiting children that you share.

Types of Protective Orders

Cook County offers three types of protective orders: Emergency Order of Protection, Interim Order of Protection, and Plenary Order of Protection.

  • Emergency Order: These protective orders are issued by judges who feel the petitioner is in the gravest danger and take effect as soon as it is approved. These are often used in cases that involve physical violence, tangible evidence of a threat, and a police report documenting the incident(s). Since they are used to prevent further abuse quickly, it only lasts 14 to 21 days.

  • Interim Order: This is a temporary order that remains in effect for up to 30 days. It is issued if notice has been served on the alleged perpetrator or the alleged perpetrator has filed an appearance with the court.

  • Plenary Order: Judges will issue this type of order after hearing with both the petitioner and respondent. If granted, there will be limits regarding the distance between victim and perpetrator, contact, and even child custody. These orders last for up to two years.

How to Obtain a Protective Order

No one should have to feel unsafe in their own home. Do not wait any longer to take action. We at Law Offices of Jonathan Merel, P.C. take your safety very seriously, and we will help you seek the appropriate protection you need in these trying times.

Speak to our Chicago domestic violence attorneys at (312) 487-2795 if you need help obtaining a protective order from your spouse.

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