Is Getting an Order of Protection Worth It?

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Is Getting an Order of Protection Worth It?

In the 2002 movie, Enough, a character played by Jennifer Lopez finds herself trapped in an abusive marriage. After suffering a black eye at the hands of her husband, she goes to the police station to report the abuse. Using the pretense of a “friend” with an abusive husband, she asks the officer about a protection order. The officer explains that the abuse victim can get a protection order that prevents the husband from coming near her. However, unconvinced that a paper court order will protect her, the character asks, “What does she do, throw it at him?”

If you have been the victim of domestic violence or abuse, you may have asked yourself a similar question. You may wonder if a protection order or restraining order can actually help you. You may even worry that getting an order of protection will worsen your situation. In this blog, we discuss the purpose of an Emergency Order of Protection and how an EOP can help an abuse victim avoid further abuse.

Benefits of an Emergency Order of Protection

In Illinois, anyone who is abused by a former or current family member, household member, or romantic partner can request an Emergency Order of Protection from the court. EOPs are offered on a “per se” basis, which means that a court hearing with the abuser is not required. The victim can get an EOP based on his or her testimony alone – often on the same day as it was requested.

Emergency Orders of Protection are legally-binding court orders. Violating any part of an EOP is a criminal offense punishable by jail time. Each EOP is customized to the victim’s needs, but some of the most common provisions include:

  • Requiring the abuser to stay away from the victim and the victim’s children

  • Forcing the abuser to move out of a residence they share with the victim

  • Prohibiting the abuser from possessing a firearm

  • Requiring the abuser to stay away from the victim’s home, school, work, or another location

  • Prohibiting threats, harassment, physical abuse, or other forms of abuse

If the abuser comes near the victim or otherwise violates the order of protection, the victim can call the police and have the abuser arrested. Second and subsequent violations of a protection order are punished by increasingly harsh consequences.

In addition to providing protection from further abuse, protection orders create a formal report of the abuse. If the victim and the abuser share children, the protection order will be a crucial piece of evidence in any child custody proceedings. Getting an Emergency Order of Protection is often the first step in escaping an abusive situation.

Source: https://illinoisattorneygeneral.gov/women/ordersofprotection.html

Contact a Schaumburg Order of Protection Lawyer

If you or your child has been abused, consider getting an Emergency Order of Protection that will prohibit the abuser from coming near you, your child, your home, and your workplace. Arlington Heights domestic violence attorney Arkady Reifman can help. Call Reifman Law Offices at 847-229-8433 and set up a free, confidential consultation to learn more.

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