As a dedicated family law attorneys in Chicago, Illinois, we understand the critical role attorneys play in protecting clients from domestic violence and harassment. One powerful tool at your disposal is the restraining order, also known as an Order of Protection in Illinois.
Our family law blog delves into the nitty-gritty of obtaining a restraining order in Illinois, equipping you with the knowledge and resources to navigate through the process effectively.
When are Restraining Orders Needed in Illinois?
Illinois law recognizes various situations where a restraining order can be sought. These include:
- Domestic Violence: This encompasses physical or emotional abuse against a family or household member, including spouses, partners, children, and relatives.
- Stalking: Unwanted and repeated following, harassment, or threats that cause fear.
- No contact orders: Prohibiting any contact between the petitioner and respondent in non-domestic violence situations.
- Firearms restraining orders: Removing access to firearms from individuals deemed a danger to themselves or others.
Taking the Steps to Secure a Restraining Order
The process of obtaining a restraining order in Illinois involves several key steps:
- Gather Evidence: Compile any documentation supporting your client’s claims, such as police reports, medical records, witness statements, photos, and texts.
- Complete the Petition: Our family law attorneys will assist you in filling out the necessary forms, outlining the abuse or threats experienced and the requested protective measures. We always utilize resources like the Illinois Courts website for the newest approved forms and instructions.
- File the Petition: Our team will submit the completed petition and evidence to the Circuit Court Clerk’s office in the appropriate county.
- Court Hearing: We will attend the hearings with our clients, presenting evidence and arguments to convince the judge to grant the order. We will prepare our team for this and answer questions clearly and concisely on your behalf.
- Order Issuance: If granted, the judge will issue a written restraining order outlining the respondent’s prohibited actions and the order’s duration. We will ensure our clients understand the terms and implications of the order.
Beyond the Basics: Additional Resources for Our Clients
Navigating the legal system during a challenging time can be overwhelming, and that is why we provide our clients with valuable resources and organizations like:
- The Illinois Coalition Against Domestic Violence: https://www.icadv.org/
- The National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- Local domestic violence shelters and advocacy organizations in Chicago: St. Grude Church, Help from Chicago.gov, CAWC.
Why Legal Counsel Matters: Our Legal Expertise Makes a Difference
While our Family Law blog provides an all-around overview, obtaining a restraining order can be complex. We highly encourage you to seek legal guidance from our experienced family law attorneys. Our expertise can ensure the petition is strong, that their rights are protected, and that you receive the necessary support throughout the process. Remember, a reputable attorney by your side can secure your advocacy and can make a profound difference in this time of need. We can help with every step of your family law case, from filing for a restraining order to preparing for divorce to post-decree modifications.Book an initial Zoom call with us today to get started!