“Domestic Violence Orders” are commonly referred to as “Orders of protection” and are entered pursuant to the Illinois Domestic Violence Act. An order of protection can prohibit a person from harassment, physical abuse, verbal abuse, intimidation, or interference with personal liberty, and also provide for a “stay away” order. Other relief can be granted, including temporary possession or custody of children, exclusive possession of the home, financial support, and even may require a party to obtain counseling.
An order of protection may provide that a spouse and/or children or other family members are included as “protected persons.” Orders of protection can be granted on an emergency ex parte (without notice) basis (on the same day under the right circumstances), or with notice. If an order is entered on an emergency ex parte basis, it must be returnable for hearing within 21 days and served upon the other party. At the hearing the order can be extended for any period up to two years, or it can be denied.
Once granted, an order of protection is to be registered with law enforcement on the LEADS system and served on the respondent. Under the law, law enforcement must respond to calls for the enforcement or violation of an order of protection. Law enforcement agencies are the “front line” in domestic violence and the law credits law enforcement and acknowledges that law enforcement personnel are sometimes the secondary victims of domestic violence. A violation of an order of protection can result in a criminal charge against the respondent.
The purpose of the Illinois Violence Act is to:
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