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.