Joliet Orders of Protection Attorney

Reliable Legal Assistance for Orders of Protection in Joliet, IL

The legal system in Illinois provides methods that may be used to protect the safety of people who have been victims of domestic violence. Orders of protection, which are also known as restraining orders, are meant to provide immediate and long-term safety measures for people who have suffered abuse by a member of their family or household. Those who have been accused of domestic violence will need to understand when orders of protection may be put in place, what restrictions they may face, and how they can defend against criminal charges and address other related issues.

Accusations of domestic violence can be very serious, and orders of protection can place serious limitations on a person that may affect multiple aspects of their life. To address these issues, it is crucial to work with an attorney who understands the legal issues involved in these cases. Carlson Law Group, P.C. can provide invaluable legal help and representation for those who have been accused of domestic violence. We work to protect our clients' rights and help them resolve these matters while minimizing the negative impact on their lives and their family relationships.

Situations Where Courts May Issue Orders of Protection

Courts in Illinois may put orders of protection in place to address multiple types of domestic violence or abuse, including:

• Physical abuse: A person may be accused of physically harming a family or household member.
• Threats and intimidation: A family member may claim that they fear for their safety due to verbal threats or intimidating actions.
• Emotional and psychological abuse: A person may face accusations that they have inflicted emotional distress by yelling, insulting, or gaslighting a family member.
• Stalking: Accusations of following someone, contacting them repeatedly, making threats, or engaging in online harassment may be addressed by criminal courts
• Sexual assault or abuse: Charges related to non-consensual sexual activity involving a family or household member may be addressed in domestic violence cases.

Procedures for Obtaining Orders of Protection

In cases involving accusations of domestic violence, certain steps will be followed to ensure that the rights of both the petitioner (the person seeking protection) and the respondent (the person against whom protection is sought) are respected. These cases will typically involve:

• Filing a petition: The petitioner may file a petition for an order of protection, or law enforcement officials may take steps to put an order of protection in place following a domestic violence arrest. In Joliet, petitions are typically filed at the Will County Courthouse.
• Emergency order of protection: If immediate protection is needed, the petitioner can request an emergency order of protection. The court may issue this order without notifying the respondent if it believes the petitioner is in danger of suffering harm.
• Notice and hearing: The respondent will be notified of an emergency order of protection, and a hearing will be scheduled to determine whether long-term protection is needed. Both parties will have the opportunity to present evidence and testify.
• Plenary order of protection: If the court finds sufficient evidence of abuse or determines that ongoing protection is needed, it can issue a plenary order of protection. This order may last for up to two years, and it will be renewable if necessary.

Restrictions Imposed by Orders of Protection

An order of protection can place certain restrictions and requirements on the respondent to protect the safety and well-being of the petitioner. Some common restrictions that are included in orders of protection include:

• Prohibition of abuse or harassment: The respondent will be ordered to refrain from any form of abuse, harassment, or intimidation against the petitioner.
• No contact provisions: The respondent may be prohibited from contacting the petitioner directly or indirectly. This includes phone calls, emails, text messages, and social media interactions.
• Stay-away orders: The respondent may be required to maintain a certain distance from the petitioner's home, workplace, school, or other specified locations.
• Exclusive possession of residence: The petitioner may be granted exclusive possession of a home they share with the respondent. The respondent will be ordered to vacate the premises, and they will typically be allowed to enter the home to collect their belongings.
• Child custody and financial support: The order may include provisions for custody of a couple's children. The petitioner may be given sole or primary custody, and arrangements may be made to protect children, such as by requiring visitation time with the respondent to be supervised. The respondent may also be ordered to pay child support or spousal support to ensure that the petitioner can maintain financial stability.
• Firearm restrictions: The respondent will typically be prohibited from owning, possessing, or purchasing firearms while the order of protection is in effect.
• Counseling: The respondent may be ordered to receive treatment for mental health issues, substance abuse, or other concerns related to domestic abuse.

Contact Our Joliet Order of Protection Defense Attorney

If you have been accused of domestic violence and are concerned about whether an order of protection may be put in place that will restrict your freedom and affect your family relationships, Carlson Law Group, P.C. can help you understand the best ways to address these issues. We will provide you with representation in court hearings and advocate for solutions that will protect your rights, and we can also make sure you understand the best ways to defend against criminal charges involving domestic assault or other related offenses. Contact our firm today at 815-710-3700 and arrange a free consultation.