Filing for an Emergency Order of Protection

 Posted on December 04,2015 in Domestic Violence

When you or your child is the victim of domestic violence, it is easy to feel alone and completely helpless. You want to escape the situation and get your child to safety, buy you may not know how or where to go. In many such cases, the most important first step is to place a legal barrier between yourself and your abuser by petitioning the court for an emergency order of protection.

How to Get an Emergency Order

The process of requesting an emergency order of protection is quite simple. You may file your petition for an order of protection with the court of the county in which are living or where you are currently located due to safety concerns. Your petition may alternatively be filed in the county where your abuser lives or where the abuse took place. In the event that your circumstances require an emergency order at a time when the appropriate court is closed—such as a weekend or holiday—you may file your petition with any available circuit court judge or associate judge.

Immediate and Present Danger

If the court determines that there is good cause to grant immediate relief, your emergency order of protection may be granted. The court is also given the discretion to proceed with the order regardless of whether the accused abuser has been notified of the filing. In the event that waiting until the accused was notified is likely to result in additional abuse or harm, the order may be issued without a response.

What an Order Can Do

Based upon your testimony, the court may include several types of remedies in your emergency order for protection. The resulting order may require that your abuser stay away from you, your children, and your shared residence. It may also prevent him or her from possessing a firearm, and require him or her to relinquish personal or jointly-property. In short, your emergency order can take any steps necessary to keep you safe, at least until a more complete hearing may be held to determine a more permanent solution. Without additional action, an emergency order of protection can remain in effect for up to 21 days.

Domestic Violence Protection

If you or your child are in danger of domestic abuse, get to safe place immediately. Then, contact the compassionate Lombard family law attorneys at A. Traub & Associates for help with filing your petition for an emergency order of protection. Nobody should have to suffer through domestic violence alone, and we pledge to remain at your side every step of the way.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

https://www.aclu.org/files/pdfs/womensrights/protectiveorders.pdf