Have You Been Served with an Order of Protection?

 Posted on December 19,2023 in Criminal Defense

If you have been served with an order of protection (sometimes called a protection order), you likely have many questions. The following is a brief overview of what receiving an order of protection means. However, it is important to remember that each order of protection is different, depending on what type of restrictions the court imposes, and these factors may or may not be applicable in your case. If you have been served with an order, it is best to consult an Illinois defense lawyer to determine your situation.  

Possible Restrictions

In Illinois, there are four types of protection orders that can be issued:

• Order of protection issued in domestic abuse cases where the parties have a known relationship.

• Civil no-contact order is issued in cases involving sexual assault where there is no relationship between the parties.

• Stalking No Contact Order (SNCO) is issued in cases involving stalking of the individual seeking the order or on behalf of a child, disabled person, or elderly person.

• Firearm restraining order is issued when it is believed by a family member that an individual may cause harm.

The impact of each of these orders varies slightly, depending on the type issued. However, in many situations, the judge will order the restrained individual to:

• Not contact the protected person or any member of their household

• Stay away from the protected person, their children, or any member of their household

• Not go near the protected person’s work and/or school

• Stay away from the protected person’s children’s school

• Move out of the residence that they share with the protected person

• Attend domestic violence and/or anger management counseling sessions

• Not have a firearm

Additional Issues

The impact of a restraining order can extend beyond what the issuing judge specifically prohibited you from doing. For example, individuals who are required to carry a gun for work may experience serious professional setbacks if there is an order in effect against them that prohibits them from having a firearm.

Order of protections are generally a matter of public record, which means that it will likely pop up every time someone (including a potential employer) does a background check on the individual.

If the person the order has been issued against is an immigrant and not an American citizen, their immigration status could be affected. 

How Long Can an Order of Protection Remain in Effect?

The amount of time that an order can remain in effect varies greatly depending on the type of protective order issued:

• Emergency Order – In effect for 14 to 21 days

• Interim Order – In effect up to 30 days

• Plenary Order – In effect up to two years

Contact a Will County, IL Defense Lawyer

Due to the seriousness of being served with an order of protection and its impact on your life, it is important to have a qualified Aurora, IL defense attorney advocating for you and protecting your rights. If you have been served, call Law Office of Patricia Magaña, LLC at 630-448-2001 to schedule a free consultation.