Important Steps You Need to Take for a High Order of Protection in Illinois

If you or a loved one is experiencing harassment, threats, or violence, you need to take immediate action to protect yourself. An order of protection can offer legal security, but many people are unsure of the necessary steps to ensure the order is granted. This can be stressful, confusing, and even dangerous without proper guidance. That’s where Jerald Novak & Associates, a trusted criminal defense attorney in Lake County, Illinois, can help. In this blog, we will walk you through the critical steps to secure a high order of protection and ensure your safety. Let’s get started.

What Is an Order of Protection in Illinois?

Before diving into the steps, it’s important to understand what an order of protection is. In Illinois, an order of protection is a court order that is designed to protect individuals from abuse, harassment, stalking, or threats. The order can remove the abuser from the home, prevent contact, and grant custody of children if necessary.

There are different types of orders of protection, including emergency orders, plenary orders, and interim orders, depending on the situation. The severity of the abuse or threats determines the kind of order you may need.

Step 1: Determine If You Qualify for an Order of Protection

Not everyone is eligible for an order of protection. To qualify, the victim must show that they have been a victim of domestic violence, harassment, stalking, or threats. Illinois law specifies several relationships where an order of protection can be granted:

• Domestic relationships such as spouses, ex-spouses, children, or people in a dating relationship.

• Individuals who have been stalked or harassed.

If you believe you qualify, you can move forward with the legal process. Jerald Novak & Associates can help assess your case and guide you through the process.

Step 2: File a Petition for an Order of Protection

The first official step in obtaining an order of protection is to file a petition with the court. The petition is a legal document where you describe the events that led to your need for protection. This petition should be detailed and clear. When filling it out:

• Be honest and specific about the incidents.

• Include dates, times, and any evidence that may support your claims.

• If you have been physically harmed, make sure to mention medical attention or photos of injuries.

Once you file the petition, the court will review it and determine whether an emergency order of protection is necessary. An emergency order can be granted right away, often within hours, to provide immediate protection

Step 3: Attend the Court Hearing

If the court grants an emergency order of protection, you will be given a hearing date to determine whether a plenary order (lasting up to two years) should be issued. This hearing is crucial as it decides whether your temporary protection will turn into long-term legal protection.

During the hearing, both you and the defendant will have a chance to present evidence, witnesses, and testimony. It’s highly recommended that you have legal representation, as the process can be complex, and your lawyer will help ensure your rights are protected.

Jerald Novak & Associates specializes in criminal defense and can represent you in the hearing, helping you build a solid case for a high order of protection.

Step 4: Presenting Your Case Effectively

To secure a high order of protection, it’s essential to provide strong evidence and testimony. The judge will look at several factors when determining whether to issue a permanent order, including:

• The severity of the threats or abuse.

• The history of violence or harassment.

• Any risk of future harm.

• The safety of children or other family members involved.

Gathering evidence such as police reports, medical records, text messages, social media posts, and witness statements can greatly strengthen your case. The more concrete and compelling the evidence, the better chance you have at securing the protection you need.

Step 5: Follow the Court’s Instructions and Finalize the Order

Once the hearing has taken place, the court will issue a ruling. If the judge grants the order of protection, they will issue a document outlining the specifics of the order, including any restrictions on the defendant. The order may include:

• No-contact provisions (such as no phone calls, texts, or emails).

• Physical distance requirements (e.g., staying 100 yards away from you).

• Restrictions on the defendant’s access to your home or workplace.

• Temporary custody of children or pets.

It’s crucial to follow these instructions strictly. If the defendant violates the order, you must report it to the authorities immediately. The court may hold the defendant in contempt, leading to legal consequences.

Step 6: Stay Informed About the Order’s Duration and Extension

An order of protection is typically valid for a set period, such as one to two years. However, it can be extended if necessary. If you feel that you’re still in danger as the expiration date approaches, you should request an extension before the order expires.

In some cases, individuals may apply for a new order if there are ongoing threats or violations. If your safety continues to be at risk, consult Jerald Novak & Associates to discuss your options and ensure you stay protected.

Step 7: Seek Support After the Order is Granted

While an order of protection provides legal protection, emotional support is equally important. Dealing with domestic violence, harassment, or stalking can take a heavy toll on your mental health. After securing an order of protection, it’s important to:

• Seek counseling or therapy to help process the trauma.

• Reach out to support groups for victims of domestic violence or harassment.

• Stay connected with friends, family, or a trusted support network.

These steps will help you heal emotionally and regain a sense of safety and security.

Conclusion

Taking the necessary steps to secure an order of protection is crucial when you are facing abuse, harassment, or threats. By filing a petition, attending court hearings, and presenting your case effectively, you can gain the legal protection you need. Remember that Jerald Novak & Associates is here to guide you through the process and fight for your safety.

If you or someone you know needs an order of protection in Lake County, Illinois, don’t hesitate to contact us today. We are here to help protect your rights and ensure your safety.

Call to Action

If you are in immediate danger or need assistance with filing for an order of protection, don’t wait—contact Jerald Novak & Associates today. Our team of experienced criminal defense attorneys is ready to help you take the necessary steps to protect yourself and your loved ones.