Many Illinois courts (including Cook Count, DuPage County, Will County and others) have shut down services and re-scheduled court dates months down the road for most cases due to the Covid-19 outbreak.  There are exceptions to the shut down, and one such exception is Orders of Protection.

If you have been served with an Emergency Order of Protection, it is imperative that you speak with an attorney about your rights and the immediate next steps you need to take.  Although the coronavirus pandemic has led to many court closures, virtually all of them are still open for business to handle emergency matters, including orders of protection. They are making sure they have judges on hand to hear petitions for orders of protection, despite the general closure orders.

There are serious ramifications to having an order of protection against you. Your information (and the fact that there is an order of protection against you) will be placed in the Law Enforcement Agencies Data System (L.E.A.D.S.), which is searchable by law enforcement agencies throughout the State of Illinois.  Orders of protection are filed with the court and are generally matters of public record. As such, having an order of protection against you may impact your employment or preclude you from certain future employment. 

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Governor Pritzker’s shelter-in-place order does not mean that you have to shelter-in-place with an abuser. The safety of you and your children takes precedence.

Many Illinois courts (including Cook County, DuPage County, Will County and others) have shut down services and re-scheduled court dates months down the road for most cases due to the Covid-19 outbreak.  There are exceptions to the shut down, and one such exception is Orders of Protection.

The Illinois Domestic Violence Act governs orders of protection. If you or your children are being abused by a spouse or other family member, the Act gives you the right to go to court and ask a judge to issue a police-enforced order requiring your abuser to stay away from you, to stay away from your property, to leave a shared residence. You can ask a judge, by way of a written petition, to enter such a protective order on an emergency basis, without giving advance notice to the abuser.

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October is National Domestic Violence Awareness Month. The harmful effects of domestic violence are significant, sabotaging the safety of many men, women, and children regardless of social class. Once considered a private issue between two partners, domestic violence issues slowly gained the public’s attention and are now at the forefront of national campaigns. According to the Illinois Coalition Against Domestic Violence (ICADV), one in three women, and one in seven men have been or will be victims of domestic violence. However, there are instances where a person can be unfairly accused of such behavior. If you have been wrongly accused of domestic abuse and served with an order of protection (OOP), it is important to understand the best way to address these false accusations.  

Handling False Accusations 

Domestic abuse refers to violent acts committed by a family or household member against another. The consequences of domestic violence accusations can result in protective orders being issued against the alleged abuser. In cases where the accused is a parent, these orders can impact child-related issues, such as allocation of parental responsibilities and parenting time by limiting contact with a child.

Unfortunately, a vengeful spouse may file abuse charges against the other spouse to obtain a restraining order. This is sometimes used as a tactic in disagreements related to child custody, parenting time, or other disputed issues in the divorce. In many cases, there are no witnesses of the so-called offense other than the victim and the alleged perpetrator. When there is no evidence such as a bruise or laceration, it can be very difficult to prove beyond a reasonable doubt that domestic violence actually occurred. Photographs and medical records simply show that an injury occurred, not who did it. In addition, an attorney can discredit the accuser’s testimony by pointing out inconsistencies in his or her story.

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Domestic violence in a relationship is a serious issue that millions of people face every day. For many, the warning signs are ignored or rationalized, but nobody deserves to live in an abusive situation. Physical violence does not have to occur to qualify as domestic violence. A pattern of mental or emotional abuse can emerge over the course of time, leading a person to feel unsafe in their relationship. Whatever the form of abuse a person suffers, they can achieve safety by obtaining an order of protection issued by a judge.

The Process of Obtaining an Order of Protection

If you reach a point in time when you feel the need to escape an abusive relationship, the first thing to do is make sure you are safe. The most common time for a victim of domestic violence to be attacked is when they attempt to leave the person who is abusing them or when they reach out to somebody for help. While getting out of an abusive situation and protecting your safety is important, you should also consider what may happen after you leave. If you are in danger, do not hesitate to contact law enforcement.

Once you are prepared, you will need to fill out a form to apply for an order of protection, making sure to include all relevant information regarding the abuse. Once the form has been completed, it will need to be filed. You may be able to file the form online. Instructions for filing an order of protection form online can typically be found on the local circuit court clerk’s website. If not, the form will need to be filed at the courthouse in the county where the abusive party resides or where the abuse occurred. 

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When someone is the victim of domestic violence or domestic abuse, they can obtain an order of protection which provides them with safety. However, victims often struggle to achieve independence from their abusers, since their lives are closely linked both personally and financially. Illinois law was recently updated to address one issue that often arises in cases of domestic abuse: cell phone accounts.

Separating Cell Phone Plans

On January 1, 2018, a new Illinois law took effect that allows a person who obtains an order of protection to transfer their wireless telephone number to a new account. This allows victims to separate their cell phone service from a plan that was shared with their abuser, providing them with financial independence and ensuring that their abuser will not be able to access information such as text messages, voice mail, or location data. The law contains the following provisions:

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