Orders of Protection and Restraining Orders
Order of Protection vs. Restraining Order
Many people believe an Order of Protection is the same as a Restraining Order. In fact, while both may imply a similar thing, they are quite different in intent and enforcement. Orders of Protection usually consist of an independent proceeding and are issued in Domestic Violence Court, with one main exception. If a divorce is filed, any of the parties seek an order of protection. The order of protection proceedings will be consolidated with a divorce case and will be heard before the divorce judge.
Retraining Orders are routinely granted by the Domestic Relations Court, where the Divorce Court Judge will order a party to prohibit certain behaviors, such as not paying a bill during the divorce.
Types of Order of Protection
Orders of Protection are designed to protect an individual from another from any form of abuse or potential abuse. "No Contact by Any Means" orders of protection are issued to protect family members, blood relatives, roommates, and people who have a dating relationship. "No Stalking' orders of protection can be issued against anyone if a pattern of stalking is shown. No Unlawful Contact Orders of Protection allow causal contact between the parties but prohibit unlawful acts such as harassment, interference with personal liberty, and mental or physical abuse.
- No Contact by Any Means Order of Protection
- No Stalking Order of Protection
- No Unlawful Contact Order of Protection
Emergency Order of Protection
Every independent order of protection proceeding begins with the party claiming abuse and having to file a Petition for an Order of Protection. Generally, the petition is filed in the Domestic Violence Division of the court. The person filing the petition writes out individual incidences of abuse and tells the judge why he or she believes an order of protection should be granted. If the judge believes an emergency exists, the court will enter an Emergency Order of Protection. An Emergency Order is only suitable for 21 days. During this time, the person accused of abusing the Petitioner can respond and defend against the claim.
Hearing on Petition for Order of Protection
The accused has a right to hire his or her lawyer and demand that the matter be set for a hearing. At the hearing, if the accused is represented by an attorney, they will have the right to bring forth their witnesses and evidence and to cross-examine the Petitioner. You are not required to have a lawyer, but having an experienced lawyer represent you at a hearing will greatly improve the likelihood of your winning the case.
Consequences of Order of Protection
While an Order of Protection is civil in nature. The consequences of having it entered against you are far-reaching and can have criminal implications. If you are a gun owner and have a F.O.I.D. card, you will be required to turn over your card and weapons to the police department during the pendency of the Order of Protection. This can be as long as 2 years. Additionally, if you violate the order of protection that was entered against you. You will be facing criminal charges.
Contact my firm today to start working with an aggressive and renowned Chicago order of protection defense lawyer. Let the Law Offices of Mitch Furman fight for you!