||Domestic Abuse and |
Orders of Protection
This is the Domestic Abuse and Orders of Protection Self-Representation Section. Please review the Domestic Abuse Overview in it's entirety, prior to proceeding to the other sections.
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If you are being abused at home...
you are not alone.
IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, OR BELIEVE YOURSELF AT RISK
If you are not in immediate danger but believe yourself to be in need of protection and the offender is either a family or household member, someone with whom you live or have lived with, or someone who else who fits the statutory definition, you may qualify to file a Petition for an Order of Protection. Cases involving Domestic Violence are filed in Domestic Violence Court. You do not have to have an attorney in order to file a Order of Protection case, but you will need to file the necessary paperwork with the Circuit Clerk's office prior to coming to court.
When you come into the Domestic Violence Court for the purpose of filing a Petition for an Order of Protection, you will need to bring a good (valid) address for the person against whom you are filing the Petition. This is necessary because your Petition must be served on the person you will be naming as the Respondent at a later time. You will also be asked to fill out papers that include a description of the incident or incidents which have led you to file the Petition. The incident(s) must involve an offender who is a family or household member, someone with whom you live or have lived with, or someone else who fits within the statutory definition and must be in the nature of actual physical abuse, threat of harm or harassment. You cannot file a Petition for an Order of Protection in a situation involving only destruction of, or threat of harm to, property alone.
Once you have completed the necessary paperwork, you must decide whether to request an Emergency Order of Protection, or whether to set the case for hearing. In order to obtain an Emergency Order of Protection, you must appear before a Judge for a hearing to establish that abuse has occurred and that further abuse is likely to occur again if the abuser were given prior notice of the filing of your case. If, after the hearing for an Emergency Order, the Judge finds an Emergency Order is necessary, it will be entered upon the conclusion of your hearing. It may be possible to obtain an Emergency Order of Protection within 24 hours. If your case is not an emergency, you will be given a court date for hearing. This date is generally from 5 to 21 days from the time you file your case, since it is necessary for the respondent to be served with the Summons and the Petition for Order of Protection.
At the court hearing, an Order of Protection (sometimes referred to as a "restraining order, Peace Bond" or "OP") may be issued by the judge. Depending on your individual situation, the judge may also issue orders granting temporary maintenance, child support, child custody, and possession of your home. An Emergency Order of Protection may be in effect for up to 21 days, a Interim Order of Protection for up to 30 days and a Plenary (Final) Order of Protection for up to 2 years. The purpose of the Interim Order is to give the petitioner time to initiate additional legal action, such as a divorce or separation, or time for the respondent and/or petitioner to seek counseling should they wish to pursue another course of action. Because each case is unique the exact outcome of any one case cannot be predicted.
Suggestions for Keeping Safe
Check the Lake County State's Attorney Domestic Violence website for recommendation and resources on How to Keep Safe. Additionally, A Safe Place offers Domestic Violence Safety Tips and Facts on their website.
Another resource is the Illinois Coalition Against Domestic Violence web site which has additional recommendations and resources related Domestic Abuse in Illinois.
How to Prepare, File and Serve an Order of Protection (OP) in Lake County
In order to expedite the process of obtaining an Order of Protection, download and complete the following worksheet prior to coming to the courthouse: This worksheet list most of the information you should bring with you to help complete the Petition for an Order of Protection.
Start in A Safe Place - Court Advocacy
Located in the Babcox Justice Center at 20 S. County Street. A Safe Place will provide you an advocate who will be there to help you complete the paperwork and take you through the process of obtaining an Order of Protection.
A Safe Place's Court Advocacy Program has assisted victims of domestic violence in the Lake County Courthouse since 1984.
Court advocates, including some bilingual, bicultural staff and trained volunteers, assist victims in A Safe Room within the courthouse as they prepare to seek Orders of Protection.
These court advocates offer support to victims in the domestic violence courtroom and also will assist victims who choose to be witnesses during the criminal prosecution of abusers.
We also offer extensive referral and information systems to all clients through networks with numerous service providers, members of legal and medical communities, schools, churches, and local businesses.
If you would like more information about A Safe Place's Court Advocacy Program and the other domestic violence assistance services and programs we provide, please call us at 847-249-5147 or email them at email@example.com or visit their website at: http://www.asafeplaceforhelp.org/.
Clerk of the Circuit Court If someone wishes to file an Order of Protection against another individual, he or she may do so with the civil/criminal division of the Circuit Clerk’s Office. Forms to file a Petition for an Order of Protection are provided by the Circuit Clerk’s Office. Once a petition has been filed with the Civil/Criminal division, the clerks will:
Once an Order of Protection is issued by a judge, the order is maintained by the Circuit Clerk’s Office. This process typically takes two to three hours to complete.
- Give the file a case number;
- Send the individual filing the petition into a courtroom immediately; and
- Prepare the forms for the Lake County Sheriff.
State's Attorney's Office
If you report a case of domestic violence: Once an officer has responded to a scene, a report is taken and the Felony Review Division of the State's Attorneys Office is contacted.
The Felony Review Division starts the early stages of the criminal case. If it is determined that the facts warrant charging an offender, the case will be charged and once the offender is arrested, a bond hearing will take place in C-120.
You will be contacted by the Felony Review Counselor. If you have not heard from our office within 24 hours, we can be contacted at 847.377.3000. We can explain the procedures, bond, charges and future court dates.
If you are a victim involved in a criminal proceeding: The State's Attorneys Office can offer support and information through the Victim/Witness Unit. A counselor is assigned to every case and is available to answer any questions regarding the, often times, intimidating legal process. A counselor can provide information on counseling programs, financial assistance and legal aid.
For additional information, please visit the State's Attorney Domestic Violence website at: http://lcsao.org/ .
Lake County Sheriff's Office and local Police Departments
If an Emergency Order of Protection is issued, the Sheriff will enter your Emergency Order of Protection into the Law Enforcement Agencies Data System (LEADS). However, you should also provide a copy of your Order of Protection to the local police agencies where you live, where you work and any other protected area named in your order.
If an Emergency Order of Protection is denied, but the Judge sets a hearing date on your case and if the offender lives in Lake County, the Sheriff’s Department will serve the offender with the Petition and Order setting the hearing date. However, if the offender does not live in Lake County, you will receive all of the paperwork and you will be required to deliver that paperwork to the Sheriff of the county where the offender can be found and served. The more information you provide about the offender, (i.e. home and work address, date of birth, SSN, or other addresses the offender can be found) the greater likelihood the offender will be served.
Remember, an Order of Protection is a legal document, not a shield from violence. Be aware of your surroundings and call for assistance if in doubt.
You should also provide a copy of your Order of Protection to your children's school and your place of employment if those locations are stipulated (included and listed) as a protected area on your Order of Protection. Also any additions or modifications to your order should be provided to these locations.
HARASSMENT, STALKING, OR OTHER TYPES OF ABUSE
The following types of abuse qualify for relief by the filing of a Petition for Order of Protection: harassment, stalking, physical abuse, exploitation, interference with personal liberty, intimidation of a dependent, neglect and willful deprivation.
OBSCENE OR HARASSING PHONE CALLS
Obscene or harassing phone calls should always be reported to your local police department. For further assistance in dealing with such calls, SBC customers may contact 800-769-4099, AT&T customers may contact 800-222-0300.
SUSPECTED ABUSE OF OTHERS
If you are the witness to a crime, you should call 911 or contact one of the local law enforcement agencies listed on this page. If you have not actually witnessed a crime, but have good reason to suspect that an adult has been the victim of abuse or neglect, you may wish to contact the Illinois Department of Human Services. If you have not actually witnessed a crime, but have good reason to suspect that a child has been the victim of abuse or neglect, you may wish to contact the Illinois Department of Children and Family Services. DCFS has local offices in Waukegan; the number for DCFS Protective Services is 1-800-25ABUSE.
Adults: The mission of Adult Protective Services is to protect the health and welfare of elderly and disabled adults. Adult Protective Services are provided to individuals 18 years of age or older who are victims of actual or potential abuse, neglect, or exploitation. DCFS also provides services to meet the adults' basic needs and to ensure their safety.
Adults with Disabilities Abuse: DCFS's Office of the Inspector General (OIG) investigates allegations of abuse and neglect in state-operated facilities and community agencies serving individuals with mental illness or developmental disabilities. OIG assesses reports of abuse, neglect and mistreatment of individuals with disabilities in domestic settings including private homes. To report an incident, call 1-800-368-1463.
Children: Persons who come to the attention of the Illinois Department of Children and Family Services (DCFS) in need of protective services are those who are potentially abusive of their children or who are suspected of having abused or neglected their children. DCFS caseworkers assess reports of child abuse/neglect to determine their validity. This includes determining whether the child is "at risk" of being abused or neglected and determining the family's need for support services.
Dial 9-1-1 to report an accident, fire, serious illness, injury, or crime in progress
that requires IMMEDIATE response.
NON-EMERGENCY LAW ENFORCEMENT AGENCY NUMBERS
Dial these Non-Emergency numbers when in need of non-urgent service or for information where no response for services is required.
|Lake County Sheriff
|Fox Lake Police
|Great Lakes Naval Base
|Highland Park Police
|Lake Forest Police
|Lake Villa Police
|North Chicago Police
|Park City Police
|Cencom Area Dispatcher serving Round Lake (RL),
RL Beach, RL Heights, RL Park District Police
|Vernon Hills Police
|Winthrop Harbor Police
CRISIS HOTLINES / INFORMATION
CHILD ABUSE / SEXUAL ABUSE
Definitions of Terms and Abbreviations used in Orders of Protection
Abuse - "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.Domestic Violence - Domestic Violence means abuse as defined in the definition above.
Exploitation - "Exploitation" means the illegal, including tortuous, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.
Family or Household Members - Include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household members" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.
Harassment - "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:
In loco parentis - In the place of a parent; instead of a parent.
a) creating a disturbance at petitioner’s place of employment or school;
b) repeatedly telephoning petitioner’s place of employment, home or residence;
c) repeatedly following petitioner about in a public place or places;
d) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;
e) repeatedly threatening to improperly remove a child of petitioner’s from the jurisdiction, improperly concealing that child from petitioner or making a single such threat following an actual or attempted improper removal or concealment;
f) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or
g) threatening physical force, confinement or restraint on one or more occasions.
IMDMA - Illinois Marriage and Dissolution of Marriage Act
Interference with Personal Liberty - "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.
Intimidation of a Dependent - "Intimidation" means subjecting a person who is dependent because of age, health or disability to participation in, or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as herein defined, regardless of whether the abused person is a family or household member.
Neglect - "Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to:
a) the failure to take reasonable steps to protect a high-risk adult with disabilities from acts of abuse;
b) the repeated, careless imposition of unreasonable confinement;
c) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities who requires such assistance;
d) the failure to provide medical and rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or
e) the failure to protect a high-risk adult with disabilities from health and safety hazards.
Physical Abuse - "Physical abuse" includes sexual abuse and means any of the following:
a) knowing or reckless use of physical force, confinement, or restraint; or
b) knowing, repeated and unnecessary sleep deprivation; or
c) knowing or reckless conduct which creates an immediate risk of physical harm.
PKPA - Parental Kidnapping Prevention Act
SDU - State Disbursement Unit
Stalking - "Stalking" means knowingly and without lawful justification, on at least two (2) separate occasions, following another person or placing the person under surveillance or any combination thereof and:
a) at any time transmitting a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
b) placing that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or
c) placing that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.
UCCJA - Uniform Child Custody Jurisdiction Act
Willful Deprivation - "Willful deprivation" means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forego such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.
Suggested Web Links
Click here for suggested websites related to Domestic Abuse and Petitions for Orders of Protection.