When you are arrested for domestic violence in Illinois, not only do you face serious criminal penalties like jail time if convicted, but you may also be subject to a restraining order filed against you. Also known as an order of protection, this type of court order prohibits you from contacting or seeing a specific person and his/her loved ones, as well as other conditions, such as temporary child custody and support orders, and forfeiture of any deadly weapons.
The following are three types of restraining orders available to alleged victims of domestic violence:
Emergency orders – An emergency order offers temporary and short-term protection for domestic violence victims. As long as the judge believes that the alleged victim and/or his/her children are in imminent danger of domestic abuse, then an order can be granted without having to notify the alleged offender and without him/her presence in court. An emergency order can be filed during the evenings, weekends, and holidays and lasts between 14 and 21 days.
Interim orders – Another type of temporary and short-term order, interim orders offer protection in between the time the emergency order expires, and the full court hearing occurs. While a full court hearing is not necessary to obtain this type of order, the alleged offender or his/her attorney must make an initial appearance in court or been notified of the full hearing date for an interim order to be granted. This order lasts up to 30 days.
Plenary orders – This order is issued after a full court hearing is held and both parties have an opportunity to tell their side of the story. A plenary order is valid for up to two years; however, there is no limit to the number of times you can renew the order.
Violating a restraining order is a Class A misdemeanor that carries a maximum jail term of 364 days and a fine of no more than $2,500. A subsequent violation can be charged as a felony.
If you or a loved one has recently been arrested for domestic violence in Chicago, contact the Law Office of Steven Fine today at (312) 436-0638 for a free consultation. Let an attorney with two decades of legal experience protect your rights and freedom!