Restraining Order Lawyer in Northbrook, IL
Are you a victim of domestic violence? Do you fear for your safety, or the safety of your children? Silberman Law Group can help. With over 15 years of experience protecting Illinois victims, restraining order lawyer David Silberman can help you put an end to the abuse, intimidation, or other threats you face at the hands of your abuser.
Survivors of abuse in Northbrook, IL have legal options available to protect themselves and their children. By filing for orders of protection, you can restrict the behaviors of and exposure to a spouse, family member, household member, or other abuser.
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What Are Orders of Protection?
Orders of Protection, commonly sought with the assistance of a restraining order lawyer, are legal safeguards for victims of harassment, abuse, threats, or other violent acts. These orders create provisions that mandate that the abuser must stay away from the victim whether at home, in the workplace, at school, or in other public locations. These orders can also prohibit contact or communication. Orders of protection are typically obtained by petitioning the court, presenting evidence to a judge, and securing the approval of the judge for the order.
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Types of Protective Orders in Northbrook, IL
Survivors of abuse have three primary options for seeking a protective order in Illinois. Rather than varying by provisions, the main difference between the types of protective orders is the permanence of the order and when in the application process it applies. The three types of protective orders are emergency, interim, and plenary.
Emergency Protective Orders
Emergency protective orders are often the first step on a survivor’s journey for long-term safety. These orders are temporary, and apply to situations involving immediate threats of violence or harm. They are granted quickly, usually without the abuser present. Since these are granted through ex parte hearings (those without the abuser present), emergency protective orders in Illinois usually last between 14 and 21 days.
Interim Orders of Protection
Interim orders of protection bridge the gap between emergency and plenary orders. These orders offer protection from an abuser after an emergency order expires until a permanent order is enacted through a hearing.
Plenary Orders of Protection
Plenary orders of protection are the long-term solution for survivors of abuse, harassment, or other unsafe circumstances. These orders are granted after evidence is presented by both parties during a hearing. Plenary orders of protection can remain active for up to two years. These orders can be renewed periodically if the threat persists long-term.
How Do I File for a Restraining Order?
Restraining orders, or protective orders, are usually obtained through an attorney. Survivors of abuse, threats, or harassment can apply for a protective order by taking the following steps:
Check Your Eligibility
To qualify for a protective order in Illinois, the two parties must be family or household members. Additionally, one party must be experiencing abuse, threats, harassment, or other acts of violence or intimidation at the hands of the other. If an applicant only meets some of these requirements, alternate orders may apply to his or her situation.
File the Order With the Court
Once eligibility is established, survivors of abuse can file for a protective order with the court. The applicable forms can be picked up and filed with the Circuit Court Clerk’s Office. When filling out these forms, survivors will need to provide descriptions of the abuser, the circumstances warranting the order, and any evidence or supporting documentation they have.
Attend a Hearing
While an interim order may be in place, survivors will need to attend a final hearing to present evidence and arguments and secure a plenary protective order. If an order is denied, applicants can appeal this decision within 10 days.
Receive Your Order and Apply for Renewal as Needed
Once a plenary protective order is granted, it is valid for 2 years. If circumstances warrant continued orders of protection, survivors can renew their orders upon expiration.
Illinois Trusts Restraining Order Lawyer David Silberman for Family Law Issues
In addition to securing protection for survivors of violence, family law attorney David Silberman helps individuals in Northbrook, IL navigate the following:
FAQs About Protective Orders in Illinois
The duration of a protective order varies depending on the type of order in place. Emergency protective orders are active for 14-21 days. Interim orders are active from the time an emergency order expires until a decision is reached regarding a plenary protective order. Plenary protective orders are in place for up to 2 years. Upon the expiration of a plenary order, victims can file for renewal if evidence demonstrates the need.
Applicants can appeal the denial of an emergency protective order in Illinois within 5 days of denial. The denial of a plenary protective order can be appealed within 10 days of the judge’s decision. Then, a Circuit Court hearing will be held to reexamine the evidence and deliver a judgment regarding the need for a protective order.
The difference between a no contact order and orders of protection lies in the relationship between the two parties. To qualify for orders of protection, there must be an existing domestic relationship between the applicant and the abuser. If no relationship exists, the applicant will need to instead apply for a stalking/no contact order.
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