Orders of Protection Attorney in Peoria, Illinois

Keeping Bad People Away from You

Whether you are a victim of domestic abuse seeking assistance with obtaining an order of protection or whether find yourself in need of representation after being falsely accused of harassment or abuse – I will adamantly advocate for you before the Court. I have successfully represented many clients involving orders of protection or no contact orders.

The most unique aspect of these particular cases is that the party seeking the order of protection can obtain an “emergency order” without notice to the other party and this “emergency order” will stay in effect until the other party is able to tell his/her side of the events to the Judge.

Q: When Do You Need a Protection Order?

A: When You Are Threatened for Your Personal Safety, or Life of Yourself or Your Dependants.

The advantage of this type of relief is that victims of domestic violence can obtain the protection they need immediately without fear or threat of retaliation from the perpetrator.

Unfortunately there are some that abuse this tool for their own advantage by making false allegations against others in order to get an order of protection that prevents the respondent from being in the same location or around his/her children.

This is often done in divorce cases (../divorce/index.html) regarding children or the marital residence. The effect of this initial order is only temporary, as the Judge also assigns a later court date for what is called a plenary order of protection.

Notice is sent to all parties in the case for the plenary hearing in which both sides present evidence to his/her cause and are able to present their case before the Judge.

At the plenary hearing the Judge can dismiss the order of protection or extend the order for a period of up to two (2) years.

The importance of having representation in these hearings cannot be understated – contact our experienced family lawyers to help.

Types of Orders of Protection

  • Petition for Order of Protection
  • No Harassment or Stalking Order
  • Petition for Exclusive Possession of the Marital Residence

One unique aspect of family law is that there are various types of protective orders which can be sought during by the proceeding to protect the party and their children from any possible endangerment or abuse. Common motions often used in our court systems to protect the parties include:

A petition for order protection is entered under the Illinois Domestic Violence allows a petitioner to obtain protection for themselves or their young children from a family or household member if they allege and prove to the court that they have been a victim of violence or harassment as defined by Illinois law.

The order of protection can prevent the offender from having any contact, verbal or physical, with the protected parties for a period of up to 2 years, if the Court finds after hearing all the evidence that such an order is necessary to protect the endangered parties.

A no harassment or stalking order is similar to the protections a Peoria Order of Protection provided with the sole exception being that the no harassment/stalking order does not require that the offending party be a family or household member of the victim.

A Petition for Exclusive Possession of the Marital Residence is simply an eviction proceeding within a divorce case.

The party who files this petition wants to show the court that his/her spouse must be evicted from the marital home during the divorce proceeding in order to maintain the physical or emotional wellbeing of the other spouse or the children.

Order of Protection Lawyer Peoria Illinois

Although the burden of proof is less than what is required to successfully prove up an order of protection, it is still difficult to evict one party from the home if there is no proof that the physical or emotional health of the others residing in the home are not detrimentally effected.

Constant arguing or the household tension that accompanies most divorces will not be sufficient to remove one spouse from the home.