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IL Order of Protection: Lake County, Violation, Cook County, Served by Sheriff, Hearing, Stay Away, Protected Parties

Skokie and Rolling Meadows Court Date | Hearing on Petition for Emergency Order of Protection | Lake County, Illinois Lawyer for Order of Protection and Domestic Abuse | Divorce Attorney for Cook County | Lake Bluff, Highland Park, and Lake Forrest Arrest and Order of Protection | No Violent or Harassing Contact | Can't See Kids | Judge Orders No Contact with Residence After Consuming Alcohol or Under Influence of Alcohol or Drugs | Waukegan, Wauconda, Lincolnshire and Lindenhurst OPsIllinois Orders of Protection

 


Purpose

An order of protection is a court order that controls a person’s rights in regard to household or family members. State lawmakers intended that the statute would be used to protect family members (persons related in any way by blood or marriage) and persons who live in the same residence (roommates) and persons in a dating relationship (including ex’s).

 

Process

To get an order of protection, a person must file an application (petition) in the county courthouse (circuit court). The petition must be supported by an affidavit swearing that all the testimony set forth in the petition is true and correct, under penalty of perjury.

 

Standard of Proof & What Must Be Shown

A proceeding for an order of protection is civil, and therefore, the petitioner only needs to show by a preponderance of the evidence that he or she is entitled to the order. The petitioner must prove that it is more likely than not that he or she is the victim of abuse or harassment.

 

Child Custody and Support, Stay Away, and No Contact Orders

A petitioner is entitled to request a number of remedies in the order of protection. The following is a non-exhaustive list of the relief that may be requested:

  • Child custody
  • Child support (also punishable by contempt)
  • Exclusion of the spouse from the marital residence
  • Maintenance (alimony)
  • No contact with the children
  • Stay away from work or the home
  • Surrender all firearms to the sheriff

 

Criminal Record for Order of Protection | Expunge Record of Abuse and Neglect | Lake County Circuit Court Hearing for Emergency Order | Petitioner Testimony Not Truthful and Lies | Standard of Proof Beyond a Reasonable Doubt | Class A Misdemeanor Violating Order of Protection | Class 4 Felony for Second or Repeat Offense | Temporary Child Custody and Child Support Payments | Stay Away from Place of Employment | 500 Feet | Skokie and Rolling Meadows Court Dates | Cook County Contempt of Court | Order of Protection for Protected Parties (Children) After Arrest for Aggravated Battery or Domestic Battery | Protected Parties Include Child Sex Victim | Sex Offender Status | Forfeiture of All FirearmsCivil Case with Criminal Penalties

An order of protection is a civil matter, not a criminal case. However, if a person who is under an order of protection is accused of violating it, he or she will be prosecuted criminally.

 

Criminal Offense of Violating an Order of Protection

A person under an order of protection who violates any of the terms of the order is guilty of a Class A misdemeanor. The sentencing range for a Class A misdemeanor is the following:

  • Probation
  • Community service
  • $2,500 possible fine
  • Up to 364 days in jail

 

A person who is arrested for violating an order of protection can be charged with a Class 4 felony if he or she has a prior conviction for domestic battery, or if he or she is a repeat offender. The sentencing range for a Class 4 felony is set forth below:

  • Probation
  • $25,000 possible fine
  • 1 - 3 years in prison

 

Order of Protection Filed with Criminal Case

The county State’s Attorney is authorized by law to file an order of protection on behalf of persons who are alleged to be the victims of a criminal offense. For example, in a case of domestic battery, the State will assign a victim’s rights advocate to speak with the complaining witness and convince him or her that an order of protection is necessary. The order of protection can last as long as the criminal case is pending, and under some circumstances, it can be in place while the offender is on probation. For offenders who are sentenced to prison, the Illinois Department of Corrections (IDOC) will sometimes require compliance with an order of protection while the offender is out on parole.

 

Lake County Petition | Illinois Order of Protection | No Contact with Children or Unsupervised Contact with Minors | Waukegan Court Date | Petition Requesting Exclusive Possession of the Marital Residence | Emergency Order of Protection Filed with Divorce Papers | Served By Sheriff | Cook County | Waukegan Lawyer for Domestic Battery | Attorney for Order of Protection | Gurnee, Libertyville, and Vernon Hills Police Arrest and Domestic ViolenceOrder of Protection Filed Separately

A petitioner can file an order of protection even if there is no criminal case pending, and regardless of whether the police were called or an arrest took place.

 

Criminal Background Checks

Even though orders of protection are civil, the person receiving the order is served by the county sheriff (or another law enforcement officer). Most importantly, orders of protection DO appear in criminal background checks and warrant checks. For example, when a law enforcement officer pulls over a driver and runs his or her license, any past or present orders of protection will be reported over radio dispatch.

 

Misuse of Orders of Protection

Orders of protection can be misused. Frequently, a petition for an order of protection is filed in conjunction with a divorce. When this occurs, the petitioner may be using the order of protection to gain an advantage in the division of marital property, by keeping the other spouse away from the children or residence.

 

Also, a petition for an order of protection can be misused by an angry spouse or boyfriend/girlfriend who is seeking revenge at the end of a relationship. After breaking up, an ex may want to use the court system improperly.


If an order of protection is in place and the protected party makes a call to the police department, usually an arrest will follow. This results in the sheriff going to the workplace of the respondent with an arrest warrant.

 

Finally, orders of protection are misused when the petitioner represents to the court that he or she is abused or harassed by the respondent, but once the no contact order is issued, the petitioner goes back to contacting the respondent.