How do I Get an Illinois Restraining Order Against My Spouse?

 Posted on August 24, 2022 in Domestic Violence

No one should have to experience domestic violence. There is never any excuse for your spouse to hit you, push you, or inflict any other type of violence on you. If you have experienced abuse at the hands of your spouse, you may be able to obtain a protection order. A protection order, or restraining order, is an official court order that requires your spouse to stay away from you and refrain from contacting, harassing, abusing, or intimidating you or your children. The process for getting one of these orders is typically completed in just two manageable steps. While you could seek one of these orders alone, it is highly advisable to be represented by an attorney. Your case could go to trial, where you would want to be represented by a lawyer who understands the rules of Illinois courts. 

Step One - The Ex Parte Hearing

When you arrive at the courthouse to file for a protection order, you will need to start by filling out some paperwork explaining why you need a protection order. You will be asked to provide a brief written statement alleging the acts of domestic violence that led you to seek out this order. 

A brief hearing must be held immediately on the same day you file. The only people in the room will generally be you, your lawyer, and a magistrate. You will be asked about why you believe that you will be at risk for experiencing further domestic violence if the order is not granted. If you have a lawyer with you, they can help make sure that you are giving the court the information it needs to make the right decision for your safety needs. 

If the court agrees that you need immediate protection, an emergency order will be issued. The sheriff’s office will be tasked with serving the order and notice of the full hearing on your spouse. 

Step Two - The Full Hearing

The full hearing takes place very shortly after the ex parte hearing. Your spouse will get a chance to defend themself if they choose to. If your spouse was served properly but does not show up or does not put on a defense, you will win by default.

Otherwise, a trial-like hearing will be held. Both your attorney and your spouse or their attorney will have an opportunity to present evidence and question witnesses, including both of you. The court will then make its final decision about whether you need a permanent order of protection. If you can show that your spouse has committed domestic violence and you need protection, your order could last for up to two years. 

Contact a DuPage County Lawyer for Restraining Orders

Davi Law Group is committed to helping protect victims of domestic violence. Our dedicated Wheaton attorneys for protection orders will fight to bring you the safety and peace of mind you need. Call 630-657-5052 for a free consultation. 

Source: 

https://www.illinoisprotectionorder.org/OOP/loadOOPQualifyCheck.do