While domestic violence has gotten increased attention in mainstream media, many victims continue to suffer in silence and isolation. While there is no one-size-fits all solution, one option that enables many victims to escape violent and abusive relationships and to stay safe is to file for an order of protection.
What is an Order of Protection?
An order of protection is a court order that prohibits an abuser from engaging in certain behavior. In addition to requiring that abusers stop any abusive, harassing, stalking, or intimidating behavior, orders can also order abusers to stop communicating with victims. Depending on the type of order that is obtained, abusers may also be ordered to take affirmative actions, such as attending counseling or a treatment program or paying child support.
Who is eligible to get an Order?
In Illinois, victims of domestic violence are eligible to get orders of protection against abusers who are “family or household members.” While that sounds like a broad category, Illinois law defines family and household members to include relationships between the parties such as:
- Spouses (including by a former marriage);
- Parents, children, and stepchildren;
- Relatives by blood or marriage;
- People who cohabitate or cohabitated in the past;
- People with a child in common;
- People who share a blood relationship through a child;
- Dating relationships (including former dating relationships); and
- Caregivers (if the victim is disabled).
What is Domestic Violence?
While some service providers have different, potentially broader definitions of domestic violence, for the purposes of obtaining a protective order, domestic violence must fall into one of the five categories identified by Illinois law.
Physical abuse under Illinois law includes sexual abuse, physical force, confinement or restraint, purposeful, repeated and unnecessary sleep deprivation, or behavior creating an immediate risk of physical harm.
Harassment includes behavior such as creating a disturbance at the victim’s work or school, making repeated telephone calls to the victim’s work or school, following them in public places, keeping them under surveillance, making threats to use physical force or to confine or restrain them, or improperly hiding the victim’s child. It’s important to note that someone who hides their child in an attempt to flee from domestic violence is not engaged in harassment under Illinois law.
Intimidation includes making the victim participate in or witness physical force, confinement or restraint against any person. Intimidation is only defined as domestic violence when it is used against a “dependent.” Someone can be considered a dependent based on age, health, or disability.
Interference with personal liberty includes the use of threats or actual physical abuse, harassment, intimidation, or deprivation with the purpose of either coercing the victim to do something he or she doesn’t want to do or preventing the victim from doing something he or she has a right to do.
Willful deprivation is defined as purposely denying an elderly or disabled person assistance that he or she needs, including medication, medical care, food, or shelter, such that the person is at risk of physical, mental, or emotional harm.
Determining whether an order of protection is right for you can be challenging. As an experienced family law attorney, I can help you understand your options so you can make the safest choice for you and your family. Contact me today for a consultation.
