Illinois Order of Protection — Advice from a Chicago Family Law Attorney

As a Chicago family law attorney, I am often asked what it takes to get an Illinois Order of Protection. If you need protection from abuse or harassment from someone you have a relationship with then you could qualify for an Order of Protection. However, if you need protection from abuse or harassment from someone that you do not have a relationship with, then you would not qualify for an Order of Protection but would need to proceed with what is called a Civil No Contact Order.

Qualifying for an Illinois Order of Protection

  • a spouse
  • a former spouse,
  • a parent,
  • a child or step-child
  • person related by blood
  • person relate by a present or prior marriage,
  • person who shares or formerly shared a home,
  • persons who have a child in common,
  • person who shares a blood relationship through a child,
  • person who has or had a dating relationship.

This definition includes a wide number of persons in a variety of different relationships; however, it does not include friends, neighbors, acquaintances or strangers.

Once you have reviewed the relationship status and have determined that you do fit under the category of “family member” and can proceed under the Domestic Violence Act, you can request the court for assistance. The Illinois Court system recognizes Domestic Violence as a serious crime and will provide you with the shield of an Order of Protection.

Abuse can be Harassment, Interference with Personal Liberty, or Physical Abuse HARASSMENT:

  • disturbance at that personal work or school
  • repeated telephone calls
  • repeatedly following the person in public
  • repeated keeping the person under surveillance
  • threatening physical force
  • confinement or restraint of the person

INTERFERENCE WITH PERSONAL LIBERTY:

PHYSICAL ABUSE:

Illinois Courts Can Protect You from Abuse with an Order of Protection

In order to request an order of protection from the Courts, you must be an abused person as defined in the information above. You cannot use the Domestic Violation Act to obtain an Order of Protection if you are not an abused person.

If you are being harassed or abused by someone who you do not have a relationship with and do not fit under the definition of a family or household member then you cannot ask the court for an order of protection. Instead, you have to ask for a Civil No Contact Order.

Call Anderson & Boback When You Need an Illinois Order of Protection

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/orders-of-protection/illinois-order-of-protection-advice-chicago-family-law/

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