How do orders of protection work

The court can make exceptions such as to arrange visitation with a child. An Order of Protection may allow some contact.

However, it will order a person to commit no crimes against the other person or do anything offensive toward the other person. Which courts issue Orders of Protection? The person requesting the Order of Protection can go to either or both courts for the same problem.

If you are threatened or harmed by another person, you can call the police or go to the police station to report a crime. The police can charge the other person with a crime and during any of the court appearances in Criminal Court, the court can issue an Order of Protection.

The District Attorney prosecutes the defendant for the alleged crimes. You do not participate in the case other than as a witness so you do not need an attorney. You can file a family offense petition in Family Court to request an Order of Protection. You must have a certain relationship with the other person. An Order of Protection hearing can be stressful and scary.

You can make it less hard by completing a checklist of things to do before the hearing. You can learn more about how to represent yourself in an Order of Protection hearing. Some courthouses have more than one courtroom. You want to make sure that you go to the right courtroom. The courthouse might have a board saying which Judge will be in which courtroom.

If you cannot find out which courtroom you are in, you can ask a Clerk of Court. There may be several hearings happening in the same courtroom as yours. You will need to wait in the courtroom patiently until your case number is called. The other hearings may take a while. Once your case is called, go into the courtroom and find a seat.

It is your right to take another seat if the Respondent sits next to you. You can ask the court staff for help in keeping the Respondent away from you.

If the Respondent does not show up at the hearing, the Judge may grant you an Order of Protection without any evidence beyond what you put in your Temporary Order of Protection TOP paperwork. The Judge may still ask you to present your evidence to the Court so they can have it on record. If the Respondent shows up and agrees that you should get an Order of Protection, the Judge may give you one without the need for more evidence.

If the Respondent shows up to the hearing with a lawyer, you may ask the court for a "continuance", which means that the hearing will be rescheduled for a later date. You can ask for this extra time so that you can try to find a lawyer to help you.

At a contested hearing, both the Petitioner and the Respondent will be able to share their side of the story and present their evidence to the Court. For example, if you forgot to check the box to include your work as a protected place, you can ask to do so during the hearing. Read through the Order of Protection to make sure everything is correct. The Clerk of Court must give a copy of the Order of Protection to the appropriate law enforcement agencies within 24 hours.

But in some areas, you may be responsible for taking the order to law enforcement. You can ask the clerk about their policy for giving that information to the law enforcement. It is a good idea to find out when law enforcement enters the Order of Protection into their database. The database helps law enforcement from different agencies find out about Orders of Protection so they can act quickly if needed. That might mean waiting in the courtroom until the Respondent leaves.

You can have a friend or advocate walk you to your car or ride. An Order of Protection is a court order. You can help you and your family be more safe by coming up with a safety plan. A Hope Card is a wallet-sized version of an Order of Protection. It has a picture of the Respondent on it. The Hope Card lets law enforcement in any jurisdiction know that you have a valid, permanent Order of Protection. This may help if there is ever an emergency.

Learn more about how to apply for a Hope Card. The Address Confidentiality Program can help you keep your address safe from the Respondent.

Learn more about how to apply for the Address Confidentiality Program. The Crime Victim Compensation Fund helps victims with their crime-related medical costs. Learn more about the victim compensation fund. CVAs give free, confidential help and services to crime victims. You can find a crime victim advocate near you. Learn more about coming up with a safety plan. It is a good idea to contact one of the domestic violence shelters or CVA in your area to get help, support, and advice on how to stay safe.

They can help you come up with a safety plan and help connect you with the resources you need. You may also be able to reapply for an Order of Protection if you have new evidence to show the court that abuse did occur.

You may also reapply if the Respondent abuses or threatens to abuse you again after the hearing. If you think the Court made a mistake by not giving you an Order of Protection, talk to a lawyer right away.

It might be helpful to save that number in your phone. When the police arrive, it is a good idea to write down the name of the responding officer s and their badge number in case you want to follow up on your case.

Make sure a police report is filled out, even if no arrest is made. If you have police reports of all violations of the order it may help if you need to ask the court to extend or change the order. It can be a crime each time the Respondent breaks the order. For example, if the Respondent tries calling you and then shows up to your work, they may be charged with committing two crimes, not one. It doesn't matter if the Respondent tries to contact you through someone else or in person.

Even if you tell the Respondent that you want to talk, they are still not allowed to break the Order of Protection. The Petitioner, the person who asked for the Order of Protection, cannot violate the order. This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter.

If you need to change, extend or cancel your Order of Protection, you will need to file a Motion and Affidavit with the Clerk of Court where the Judge issued the order.

The Motion asks the Court to consider your request. The Affidavit is a sworn statements of facts that support what you are asking for in your Motion. You can find the form to ask the Court to change, extend, or cancel your Order of Protection on this website.

Also, law enforcement should know that the Illinois Domestic Violence Act assumes it is in the best interest of the child to remain with the you or someone you choose.

If Abuser Contacts You After an Arrest When anyone is charged with a crime and the victim is a family or household member, that abuser is most likely prohibited from contacting the victim and from entering or remaining at the victim's residence for a minimum of 72 hours. So, if the abuser does contact you soon after an arrest, you should call the police because the abuser can be charged with an additional offense, violation of bail bond, which is a Class A misdemeanor.

A second violation of an order of protection or a violation after conviction of a serious crime against a family or household member can be a felony. This is not a time for the abuser to argue with you or tell his side of the story. Answer their questions truthfully. Stay calm. Stay focused. Look at the judge. Do not look at the abuser or his lawyer.

If you do not understand the question, ask the judge to ask the question again or in another way. This is called their testimony. You have to ask the witness questions. They cannot just talk to the judge on their own. Sometimes there are problems with what witnesses say when they were not present during the abuse.

Sometimes there are problems with evidence such as police reports or doctor reports if the police officer or the doctor is not there. Talk to a lawyer about these problems before the hearing if you can. The abuser tells his story after taking an oath to tell the truth.

The abuser gives his documents to the judge. You have a right to see any documents he wants the judge to see. BUT, you do not have to. It is not a time to argue or give your side about what he said. Just ask questions.

The judge decides if the abuser is truthful. After both you and the abuser present your cases, the judge decides if you get an OFP. You might have to wait but if the judge decides to give you an OFP, usually you get a copy of the order that day. Sometimes the judge might need time to think about the trial and if you should get the OFP.

If that happens you need to come back to court later in the day or the next day to find out if you got the OFP. If the judge does not give you an OFP, they should tell you why. When you get the order read it carefully. If there are any mistakes, talk to the court clerk to find out how to fix the order.

For example, if you see your address or birth date is wrong, tell the clerk right away. They will fix it and get you a new order. Make copies of your OFP and keep a copy with you at all times.

Keep a copy in your purse, in your car, at work, and anywhere else it may be needed. Police are more likely to arrest the abuser for violating your OFP if you have a copy with you. Consider giving copies of your OFP to your landlord, supervisor at work, day care provider, and your child's school.

This court is called the Court of Appeals. Act fast! There are special time limits that apply. Filing an appeal can be difficult. Talk to a lawyer to see if you should file an appeal. For example, the judge did not follow the law.

Call the police. Police must arrest the abuser if they believe the abuser violated an OFP. They do not have to see the violation themselves. Tell the police you have an OFP. Show them a copy of the OFP. Ask them to make the arrest. Violating an OFP once is a misdemeanor crime. An abuser convicted of violating an OFP must be sentenced to at least 3 days in jail and ordered to go to counseling. But the penalties the judge orders are usually much lower. A prosecutor may call you to see what penalties you think the abuser should get.

Violating an OFP 2 times is a gross misdemeanor. An abuser convicted of a 2nd violation must serve at least 10 days in jail. Again, the penalties ordered are usually much lower. If the abuser uses a weapon when violating the OFP it is a felony. It is also a felony if the abuser violates an OFP 3 or more times in 10 years. Sometimes when an abuser violates the OFP, he also commits a more serious crime in the process. If this happens, other criminal charges might also be filed.

You can also ask the judge in your OFP case to find the abuser in contempt of the court. The court clerk has forms to do this. But for your safety it is better not to. If the abuser comes in the house because you say he can, it is still a violation of the OFP. A protection order from a tribal court must be enforced if the protections are the same as an OFP.

Take a certified copy of the tribal court protection order to the courthouse and ask them to file it. There is no cost. You can go to the courthouse in the county:. If the abuser violates the order, they will know to arrest him. You can sue the abuser for money if you have injuries, including emotional distress. There may be other legal possibilities as well. Talk to a lawyer about your options. There are time limits that apply. You need to ask the court to change your OFP.

This is called a modification. Fill out the forms explaining what you want to change and why. Then file the forms with the court. You can get the forms here: www. The court schedules a hearing. Go to the hearing and tell the judge why you need your OFP changed.

The decision is yours. You need to think carefully. Many times abusers say they are sorry, but soon the abuse starts again. Has the abuser completed a domestic abuse program or counseling?

Or is this promise only words? Has he promised never to hurt or threaten you before but did it anyway? How has the abuser shown he has really changed? You have other choices than dismissing the order. You could change the order to allow contact so you can go to counseling together. This would let you see each other without the abuser violating the OFP. But the other protections of the OFP would stay in place.

You do not have to show there have been new acts of domestic abuse. If you applied for a year OFP for a minor, they need to apply again on their own when they turn The OFP is good even if you move. Think about giving the court and your local police department your new address. Make sure to tell them your address is confidential. Ask for a certified copy of your OFP from the court that issued it. Take the certified copy to the courthouse in the county you live or work in.

You can legally break your lease if you have been a victim of domestic violence, sexual assault, or stalking. You must:. If you have questions, contact a legal aid office or a domestic abuse advocate. A Harassment Restraining Order is a restraining order to prevent harassment. It is not a criminal case. It takes place in civil court. This can be:. The relationship between you and the harasser does not matter. The harasser may be a stranger, neighbor, or a co-worker.

If someone is harassing you, sometimes it helps if you first tell them to stop in writing like a text or email. Keep a copy of how you told them to stop. Write down any time you told the harasser to stop verbally. For an OFP, the abuser must be family, you must have lived with them, or you must have a child together or a significant romantic relationship. For an HRO, the relationship between you and the harasser does not matter. Some behaviors do not meet the legal definition of domestic abuse but do meet the definition of harassment.

For example, your ex-boyfriend calls you over and over saying he is going to take custody of your child. If his calls make you afraid of being harmed, it is domestic abuse. The court can order the harasser not to contact you and your family. It allows the police to arrest the harasser without a warrant.

The HRO can last for 2 years, or longer if the harasser has violated restraining orders before. To get an HRO you need to get the forms, fill them out, and file them with the courthouse. The courthouse can be in the county. There is a filing fee for applying for an HRO. But the court can waive the fee or lower the fee if:. There are many different kinds of harassment.

The court has to decide if your situation meets the legal definition of harassment. Give as much detail and specific examples of the harassment as you can. The court can only look at the information in your forms to decide if you should get an HRO.

Only a judge can decide if you get the HRO. It may take days for the judge to make a decision. The forms you fill out to ask for your HRO have to be given to the harasser in a certain way. Give the sheriff all the information you can about where to find the harasser.

If the court does not give you an HRO and does not schedule a hearing, the harasser will not be served with your forms. Not necessarily. In some cases, you can get an HRO without having a court hearing. This is an order you get because the information in your forms shows there is immediate danger of harassment. You get the order before the harasser has a chance to tell his side of the story.

If you get an ex parte HRO, the harasser can ask for a hearing. The abuser has 20 days to ask for a hearing after he is served gets the forms. If you do not get a notice in the mail, keep calling the court to see if the harasser asked for a hearing.

If you do not go to the court hearing, the harasser can get the HRO dismissed. If the judge denies your request for an HRO, you can ask for a hearing.

You present your case first. You tell the judge what happened and why you need an HRO. If you have evidence to prove the harassment, bring it to the hearing. Evidence can be phone records or text messages showing that the harasser is repeatedly calling or texting you.

It can also be photos, police reports, or medical reports if you were physically or sexually assaulted. If you have any texts or photos on your phone that you want the judge to see, you need to get them off your phone for the hearing. Bring three copies of your evidence to your hearing.

One for the judge, one for the harasser, and one for you. Make sure you bring them all with you. You can't bring things later or say that you have it at home and could bring it later. After you present your case, the harasser presents his case. This is his time to tell his story and show any evidence to the judge. Sometimes before the case starts, the judge will ask you and the harasser to mediate.

You do not have to make any agreements in the mediation. If you are afraid of the harasser tell the judge. They might not make you mediate if you are afraid of the harasser. Police must arrest the harasser if they believe he violated the HRO. The police do not have to see the violation themselves. Tell them you have an HRO. Ask the police to make the arrest. Violating an HRO is a misdemeanor crime. Penalties include jail time and fines.

The penalties usually are much lower. Penalties for violations increase for the number of violations. You may also ask to have the court hold the harasser in contempt of court in the harassment case. Make copies of your HRO and keep a copy with you at all times. Police are more likely to arrest the harasser for violating your HRO if you have a copy with you. Consider giving copies of your HRO to your landlord, supervisor at work, day care provider, and your child's school.

Anytime you are physically or sexually assaulted harmed , a crime has been committed. Call when the assault happens. Usually the police file reports for calls.