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How Can I Enforce a Restraining Order in Illinois?

Posted on in Domestic Violence & Orders of Protection

Kane County family law attorneysFebruary is National Teen Dating Violence Awareness Month. Sadly, many teenagers, as well as adults, are in abusive relationships, whether it is within a romantic relationship or with a family member. Victims may be afraid to leave these dangerous situations for various reasons. However, Illinois law allows victims to file for orders of protection to keep themselves and their children safe. Sometimes called a restraining order, an order of protection is a court order that prohibits an alleged abuser from approaching or contacting his or her victim. If an individual violates the terms of the order, he or she can face serious legal consequences. If you or your loved one is concerned about your safety, it is imperative to hire an experienced family law attorney who can help you file and enforce a protective order.      

Illinois Domestic Violence Act

According to the Illinois Domestic Violence Act of 1986, domestic violence is a crime. Any person who hits, kicks, chokes, harasses, or interferes with the personal liberty of a family or household member has broken the law. Fortunately, if you are the victim of abuse, you can file for a restraining order to prevent the alleged abuser from contacting you or your children. 

A typical restraining order will do the following:

  • Restrict the abuser from contacting you in person or via electronic communication.
  • Order the abuser to stop harassing you in person or via email, text, or voicemail messages.
  • Prohibit the abuser from entering or going near your home or workplace.

The court, however, may add other restrictions or limitations to ensure your safety and that of your children.

Enforcing an Order of Protection

With the help of an experienced attorney, you can ask the court to enforce the order of protection by filing a petition if your abuser is not complying to the terms of it. This “Petition for Rule to Show Cause” must do the following:

  • Explain how you believe the abuser did not follow the order.
  • List the part of the order that the abuser did not follow.
  • Sign an affidavit containing your testimony regarding your claims. 

You must give legal notice to the abuser by filling out a form, which notifies him or her that you filed the petition. The notice must have the date, time, and location of the hearing. The abuser is ordered to attend a hearing and prove that he or she is not in contempt of court. It is important to note that if you are the victim, you should not contact the abuser under any circumstances, as that can provoke him or her. If a judge finds the offender is guilty of violating an order, the court may impose the following punishments:

  • Orders to stay away from designated locations
  • Incarceration
  • Costly fines
  • Court fees

Contact a Kane County Family Law Attorney

Unfortunately, domestic abuse occurs on a daily basis within many households. If you or someone you know has suffered due to the violent actions of a family member or a romantic partner, it is essential that you seek professional legal counsel. The dedicated and compassionate Geneva domestic violence lawyers at the Law Offices of Benedict Schwarz, II PC will assist you in obtaining an order of protection to ensure your safety. We will also explain your options for enforcing the order if your abuser violates it. Call our office today at 630-200-4882 to schedule your free consultation. 

 

Sources: 

https://www.pinmart.com/resource-center/awareness-calendar/2020/

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.illinoisattorneygeneral.gov/women/idva.html

Martindale Hubbell Rating Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
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