Domestic Violence Order of Protection

Domestic violence is described as abusive behavior when a family or household member uses physical or mental mistreatment towards another family or household member. The Illinois Domestic Violence Act uses the following terms as abuse:

  1. Physical abuse
  2. Harassment
  3. Intimidation of a dependent
  4. Interference with personal liberty
  5. Willful deprivation
  6. Exploitation
  7. Stalking

 An Order of Protection is a court order made in writing which does not allow, by law, further abusive behavior.

 Family or household members are defined by the act to include:

  1. A spouse
  2. Ex-Spouse
  3. Girlfriend/boyfriend who have had a dating or engagement relationship
  4. Parents
  5. Children
  6. Stepchildren
  7. Significant other/partner
  8. Persons who share or allege to have a blood relationship through a child
  9. Persons who live together or formerly lived together
  10. Persons with disabilities and their personal assistants

 There are three types of an Order of Protection. Each type may be granted for a specific length of time.

  1. Emergency Order of Protection: can be in effect for a 14 to 21 day period.
  2. Interim Order of Protection: can be effective up to a period of 30 days
  3. Plenary Order of Protection: can be effective for fixed period of time, not to exceed 2 years, unless otherwise provided for by the court.

 General Information for filing a Petition for Order of Protection

If there has been actual physical contact you may be referred to the State’s Attorney’s office or you may be referred to an advocate group or shelter for assistance. You must be a resident of Kendall County to file for an order of protection in our court. Forms are provided by our office for filing. There is no cost to file a petition for an order of protection. Orders of protection may be heard Monday – Friday during regular court hours. Please plan to arrive early enough to complete all paperwork. It takes a considerable amount of time to fill out all the information. All information must be completed before going to court.

 


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