Order of Protection Lawyer in Aurora
Helping to Keep You & Your Family Safe
An order of protection, colloquially known as restraining orders, is a court order designed to protect you and your family from violent behavior or harassment by an alleged abuser. Orders of protection, also called protection orders, offer legal protection for all individuals dealing with the threat of domestic violence or harassment—females, males, and minors. Orders of protection usually accompany a pending domestic battery case and violations are considered a class A misdemeanor, punishable by up to one year of jail time, fines up to $2,500.00, or both. If an order of protection is issued against an individual with a firearms owner’s identification card, the order of protection immediately cancels the card and requires its surrender.
If you are seeking an order of protection against another individual, The Law Offices of David Lee can help. Our Aurora order of protection attorney has extensive experience with all aspects of domestic violence and battery cases, including protection orders. We strive to help you keep yourself and your family safe. Furthermore, if you have had an order of protection issued against you, we can help you understand the legal ramifications and assess your options for how to proceed.
Need help with an order of protection issue? Contact The Law Offices of David Lee at (630) 901-8700 to speak to one of our Aurora attorneys today!
How Will an Order of Protection Affect Your
Domestic Battery Case?
An order of protection operates separately from a pending domestic battery case.
In the state of Illinois, the petitioner of a protection order may request any of the following:
- Protection from an alleged abuser
- Exclusive possession of a home
- A stay-away order
- Protection for children or minors
The petitioner of an order of protection can choose to vacate the protection order at any time by filing a proper motion before the court. However, the same is not true for a domestic violence or battery charge. After a domestic battery or aggravated domestic battery charge is filed, the alleged act is said to have occurred “against the people of Illinois.” Even if the alleged victim wishes to drop the charges, the State may decide to continue the prosecution with a reluctant witness.
What are the Types of Orders of Protection in Illinois?
In Illinois, there are three types of order of protections, each designed to assist individuals dealing with domestic violence and/or harassment.
The three types of protection orders are:
- Emergency order of protection: Can be obtained without the other party present, and can have a duration of 14 - 21 days or until a hearing is held to determine further action.
- Interim order of protection: Typically obtained after a hearing, and has an effective duration of up to 30 days.
- Plenary order of protection: Usually obtained after a hearing, and has an effective duration of up to two years. The protected party may seek renewal after the two years are up.
Whether you are seeking one of the above protection orders, or you have had an order of protection issued against you, it can have immediate, serious effects. Our Aurora orders of protection attorneys can help you navigate the process.
Call our firm today at (630) 901-8700 to find out how we can assist you with your protection order matter.
