Our goal, at Rainbow House, is to help the survivors of domestic violence begin the process of putting their lives back together. Often a first step in this effort is securing an Order of Protection. Among the services offered by Rainbow House is access to legal assistance through the agency’s Legal Advocacy Program. If you or someone who know wants information about our Legal Advocacy Program, please call Rainbow House at (773) 521-1815.
Our staff will direct your call to a Legal Advocate. At Rainbow House, a Legal Advocate is a staff member who has been specially trained to help survivors navigate the legal and criminal justice systems. Our Legal Advocates are not attorneys and, therefore, cannot offer legal advice. But their knowledge of the legal system and the often urgent needs of domestic violence survivors may be instrumental in helping survivors take the necessary steps towards a life free of violence and abuse. Often one of the first steps toward that life is obtaining an Order of Protection. Rainbow House Legal Advocates routinely assist survivors in successfully seeking Orders of Protection.
WHAT IS AN ORDER OF PROTECTION?
An Order of Protection is an order issued by a court in domestic violence and/or abuse cases that is intended to protect an abused partner from further violence at the hands of an intimate partner or to protect a child from abuse by his or her parent(s). An Order of Protection may be granted instantly in cases where immediate and present danger of violence has been shown or is expected and may expressly prohibit an alleged abuser from committing an act or a specific set of acts or from engaging in certain kinds of behavior. Violating an Order of Protection may result in an alleged abuser being found to be in Contempt of Court. Such a finding may result in a fine or incarceration of the alleged abuser in the civil context, or in criminal charges that may result in a fine or incarceration for up to 364 days. There are several kinds of Orders of Protection:
EMERGENCY ORDERS OF PROTECTION:
An Emergency Order of Protection is generally valid for between 14 to 21 days and can be entered by a court without prior notice to the respondent (usually the alleged abuser) where the petitioner asserts that the abuse he or she fears will most likely occur if the respondent is given prior notice and/or any more notice than the respondent was given. An Emergency Order of Protection differs from a general Order of Protection in that it may not grant counseling, temporary custody, payment of support, monetary compensation, or reimbursement of shelter costs. Emergency Orders of Protection also generally cannot be used to prohibit possession of weapons. Contact a Legal Advocate at Rainbow House for help obtaining an Emergency Order of Protection. Emergency Orders can be granted in an ex parte proceeding and are temporary in duration pending a full hearing by the court with all of the involved parties present.
INTERIM ORDERS OF PROTECTION:
An Interim Order of Protection is generally entered by a court until a full hearing on the issues involved can be heard and is valid for about 30 days. Such an order is usually issued after the respondent has been served notice of the Order of Protection or after the petitioner has served notice on the respondent or has satisfied the court that he or she has diligently attempted to serve the respondent with notice of the impending filing of an Order of Protection. An interim Order of Protection also may not provide for counseling, payment of support or monetary compensation, shelter costs or reimbursement or weapons remedies unless the respondent has filed a general appearance in court or has been served with notice of the Order of Protection.
PLENARY ORDERS OF PROTECTION:
A Plenary Order of Protection is an order that is entered by the court after a formal hearing on the merits of issues at the center of the order has been held. As a result, plenary orders may remain in force for varying lengths of time. If such a plenary Order of Protection is entered, for example, in conjunction with a divorce, it may run for the life of the final decree. If entered in conjunction with a criminal offense, a plenary Order of Protection may run for the length of the defendant’s sentence plus two years. If entered in conjunction with any other proceeding, a plenary Order of Protection may remain in force until the conclusion of the case. Independent plenary Orders may also be entered by the court, which are usually valid for a fixed period of time not to exceed two years.
ARE THERE COURT FEES ASSOCIATED WITH ORDERS OF PROTECTION?
There are no fees associated with the filing of Orders of Protection.
HOW AND WHERE CAN ORDERS OF PROTECTION BE OBTAINED?
The answer to the question of “how” an Order of Protection may be obtained depends upon the type of Order of Protection that one seeks. Generally, in the civil context, an Order of Protection may be obtained, with or without the help of an attorney, as an independent proceeding or as part of a divorce, separation, guardianship, probate or other civil proceeding. In the criminal context, an Order of Protection may be obtained in connection with criminal charge(s) if the petitioner is the victim and the respondent is the defendant in the criminal case. Finally, an Order of Protection may be obtained in the juvenile context in connection with a delinquency petition or a criminal prosecution.
With regard to the question of “where” an Order of Protection may be obtained, the answer is simpler. Victims of domestic violence or abuse who live in the City of Chicago may obtain an Order of Protection at the Domestic Violence Court located at 555 West Harrison Street in Chicago. For additional information from the Clerk of Court, please call (312) 325-9200. But please note that you don’t have to go it alone.
If these terms are alien to you, or you feel overwhelmed at the prospect of trying to obtain an Order of Protection on your own, please contact a Legal Advocate at Rainbow House for help. Call us at (773) 521-1815 to speak to a Rainbow House staff member to schedule an appointment with a Legal Advocate. We are here to help. We can make the process of obtaining an Order of Protection easier for victims of domestic violence.
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Our staff will direct your call to a Legal Advocate. At Rainbow House, a Legal Advocate is a staff member who has been specially trained to help survivors navigate the legal and criminal justice systems. Our Legal Advocates are not attorneys and, therefore, cannot offer legal advice. But their knowledge of the legal system and the often urgent needs of domestic violence survivors may be instrumental in helping survivors take the necessary steps towards a life free of violence and abuse. Often one of the first steps toward that life is obtaining an Order of Protection. Rainbow House Legal Advocates routinely assist survivors in successfully seeking Orders of Protection.
WHAT IS AN ORDER OF PROTECTION?
An Order of Protection is an order issued by a court in domestic violence and/or abuse cases that is intended to protect an abused partner from further violence at the hands of an intimate partner or to protect a child from abuse by his or her parent(s). An Order of Protection may be granted instantly in cases where immediate and present danger of violence has been shown or is expected and may expressly prohibit an alleged abuser from committing an act or a specific set of acts or from engaging in certain kinds of behavior. Violating an Order of Protection may result in an alleged abuser being found to be in Contempt of Court. Such a finding may result in a fine or incarceration of the alleged abuser in the civil context, or in criminal charges that may result in a fine or incarceration for up to 364 days. There are several kinds of Orders of Protection:
EMERGENCY ORDERS OF PROTECTION:
An Emergency Order of Protection is generally valid for between 14 to 21 days and can be entered by a court without prior notice to the respondent (usually the alleged abuser) where the petitioner asserts that the abuse he or she fears will most likely occur if the respondent is given prior notice and/or any more notice than the respondent was given. An Emergency Order of Protection differs from a general Order of Protection in that it may not grant counseling, temporary custody, payment of support, monetary compensation, or reimbursement of shelter costs. Emergency Orders of Protection also generally cannot be used to prohibit possession of weapons. Contact a Legal Advocate at Rainbow House for help obtaining an Emergency Order of Protection. Emergency Orders can be granted in an ex parte proceeding and are temporary in duration pending a full hearing by the court with all of the involved parties present.
- The Clerk of the Circuit Court of Cook County has made a complete Order of Protection
package available on-line at:
http://198.173.15.31/Forms/pdf_files/DVOP001.PDF. - Emergency Order of Protection forms are also available at:
http://198.173.15.31/Forms/pdf_files/CCGN801.pdf.
INTERIM ORDERS OF PROTECTION:
An Interim Order of Protection is generally entered by a court until a full hearing on the issues involved can be heard and is valid for about 30 days. Such an order is usually issued after the respondent has been served notice of the Order of Protection or after the petitioner has served notice on the respondent or has satisfied the court that he or she has diligently attempted to serve the respondent with notice of the impending filing of an Order of Protection. An interim Order of Protection also may not provide for counseling, payment of support or monetary compensation, shelter costs or reimbursement or weapons remedies unless the respondent has filed a general appearance in court or has been served with notice of the Order of Protection.
- The Clerk of the Circuit Court of Cook County has made Order of Protection forms available
on-line at:
http://198.173.15.31/Forms/pdf_files/CCGN800.PDF. - Notice of Service forms to be
submitted with Interim Orders of Protection are available at:
http://198.173.15.31/Forms/pdf_files/CCGN810.pdf.
PLENARY ORDERS OF PROTECTION:
A Plenary Order of Protection is an order that is entered by the court after a formal hearing on the merits of issues at the center of the order has been held. As a result, plenary orders may remain in force for varying lengths of time. If such a plenary Order of Protection is entered, for example, in conjunction with a divorce, it may run for the life of the final decree. If entered in conjunction with a criminal offense, a plenary Order of Protection may run for the length of the defendant’s sentence plus two years. If entered in conjunction with any other proceeding, a plenary Order of Protection may remain in force until the conclusion of the case. Independent plenary Orders may also be entered by the court, which are usually valid for a fixed period of time not to exceed two years.
ARE THERE COURT FEES ASSOCIATED WITH ORDERS OF PROTECTION?
There are no fees associated with the filing of Orders of Protection.
HOW AND WHERE CAN ORDERS OF PROTECTION BE OBTAINED?
The answer to the question of “how” an Order of Protection may be obtained depends upon the type of Order of Protection that one seeks. Generally, in the civil context, an Order of Protection may be obtained, with or without the help of an attorney, as an independent proceeding or as part of a divorce, separation, guardianship, probate or other civil proceeding. In the criminal context, an Order of Protection may be obtained in connection with criminal charge(s) if the petitioner is the victim and the respondent is the defendant in the criminal case. Finally, an Order of Protection may be obtained in the juvenile context in connection with a delinquency petition or a criminal prosecution.
With regard to the question of “where” an Order of Protection may be obtained, the answer is simpler. Victims of domestic violence or abuse who live in the City of Chicago may obtain an Order of Protection at the Domestic Violence Court located at 555 West Harrison Street in Chicago. For additional information from the Clerk of Court, please call (312) 325-9200. But please note that you don’t have to go it alone.
If these terms are alien to you, or you feel overwhelmed at the prospect of trying to obtain an Order of Protection on your own, please contact a Legal Advocate at Rainbow House for help. Call us at (773) 521-1815 to speak to a Rainbow House staff member to schedule an appointment with a Legal Advocate. We are here to help. We can make the process of obtaining an Order of Protection easier for victims of domestic violence.
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