What is an Order of Protection?

Kane County Lawyer Explains Protective Orders in Domestic Relations and Criminal Proceedings

A civil order of protection is a court order entered in domestic relations or criminal proceedings in order to protect survivors of domestic violence. It will enforce penalties or liabilities to ensure protection for the victim of domestic violence. Orders of protection are not criminal themselves, but the orders are often used in criminal proceedings. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we assist domestic violence victims with pursuing orders of protection. We also help clients who are recipients of protective orders challenge the order and address the legal ramifications of the court order.

Orders of protection can also be acquired during the divorce process. One of the benefits of an order of protection is that they can be obtained without any notice - making them very difficult for the opposing counsel to legally challenge the order. Parents are allowed to get a hold of an order of protection for their children as well.

There are a few different types of orders of protection. One is an emergency order which can be enforced the day someone requests it. It usually only lasts for 2-3 weeks. Another type of order is an interim order. A judge can give this type of order to someone after the other party has been served. This could last up to a period of 30 days. The third type of court order is a plenary order of protection. It can only be issued after a court hearing and may last up to two years.

If you have been a victim of domestic abuse, or if you have been accused of domestic violence and have a court order issued against you, please contact our offices at Mirabella, Kincaid, Frederick & Mirabella, LLC so we can answer questions involving your potential case. We have served clients for decades all over the west Chicagoland area including towns in Kane and Kendall counties such as Wheaton, Naperville, St. Charles, Glen Ellyn, Batavia, and throughout Illinois. Call us at 630-665-7300, or contact us online to schedule your Initial Attorney Meeting.