Orders of Protection / Restraining Orders

Protecting Your Freedom And Parental Rights

Domestic violence is a serious crime, and law enforcement officials in the state of Illinois have taken pains to protect potential victims by making restraining orders easily accessible to victims. Unfortunately, some people abuse this system. In many cases, individuals have been known to obtain restraining orders where they are not warranted - whether to obtain an advantage in a divorce case, secure child custody or visitation rights, or for some other reason.

Who can obtain orders of protection in Illinois?

The following individuals can obtain domestic violence restraining orders:

  • Former / current spouses
  • Children
  • Former / current partners
  • Cohabitants

Domestic violence is not just physical abuse. It could encompass any form of intentional harm, including assault and battery as well as emotional abuse, psychological abuse, sexual abuse, intimidation, stalking, exploitation, and harassment. A victim of any form of domestic violence has the right to pursue orders of protection against the perpetrator.

How long will the order of protection last?

There are three forms of restraining orders in the state.

  • Emergency orders can be obtained immediately after the alleged victim testifies before a judge. These orders can last 21 days or until you obtain a plenary order, which usually takes no more than 21 days.
  • Interim orders can be obtained without a full court hearing and can last up to 30 days. In order to obtain an interim order, the alleged abuser must either receive a notification of an upcoming court hearing or appear in court.
  • Plenary orders can be obtained only after a full court hearing has taken place and may last up to two years with indefinite renewal possible.

You should not be forced to surrender your liberties, your reputation, or your parental rights because of false charges. At Martin & Kent, L.L.C., we are passionate about protecting the rights of our clients. With over 40 years of combined legal experience and a background that includes prosecutorial work, we are uniquely well-equipped to stand in your corner and fight for you. Call our DuPage County law office today to set up a free, no-obligation case evaluation. We practice in DuPage, Cook and Kane counties.