Apr 12

Orders of protection and no contact orders are legal devices available to victims of domestic violence, sexual assault, stalking, and similar crimes. In a general sense, these legal orders prevent the criminal perpetrators from further contact with the victims. From a more precise standpoint, the eligibility and protections available for these orders varies based on the type of offense and relationship between the victim and perpetrator.

Orders of Protection for Domestic Violence

Orders of protection are available to victims of domestic violence in Illinois. In order to qualify for an order of protection, the victim must suffer abuse at the hands of family or household member. Specifically, a family or household member includes a person’s:

  • Blood and other relative(s);
  • Spouse or former spouse(s);
  • Roommate(s) or former roommate(s);
  • Co-parent of a common child;
  • Romantic partner(s) or former romantic partner(s); and
  • Caregiver(s), in the case of certain disabled adults.

When a victim qualifies for an order of protection, there are 18 different remedies and protections available under Illinois law. In awarding an order of protection, the options available to the Illinois courts include but are not limited to:

  • Preventing the perpetrator from having any further contact with the victim;
  • Determining child custody and care on a temporary basis;
  • Requiring the safe treatment of shared pets or property;
  • Awarding sole use and possession of a home to the victim; and
  • Revoking the perpetrator’s Firearm Owners Identification (FOID) card.

Civil No Contact Orders for Sexual Assault

Civil no contact orders are available to victims of sexual assault in Illinois. In order to qualify for a civil no contact order, the perpetrator must engage in sexual contact or penetration without the victim’s consent. Eligibility for this type of order is limited to:

  • Victims of rape, sexual assault, or similar crimes;
  • Family and household members of these victims; and
  • Employees and volunteers of crisis centers and hotlines.

When a victim qualifies for a civil no contact order, there are several remedies and protections available under Illinois law. In granting such an order, an Illinois judge may:

  • Prevent the perpetrator from having any further contact with the victim;
  • Prohibit the perpetrator from going to the victim’s home, school, or work;
  • Compel the safe treatment of pets or property;
  • Direct the perpetrator to transfer to another school; and
  • Grant other legal remedies necessary to safeguard the victim.

No Contact Orders for Stalking

No contact orders are available to victims of stalking in Illinois. In order to qualify for a no contact order, the victim must suffer harassment that causes fear or harm or emotional distress.

When a victim qualifies for a no contact order, there are several remedies and protections available under Illinois law. In granting such an order, an Illinois judge may:

  • Require the perpetrator to refrain from further stalking or threats of stalking;
  • Prevent the perpetrator from having any further contact with the victim;
  • Prohibit the perpetrator from going to certain locations;
  • Revoke the perpetrator’s FOID card; and
  • Grant other legal remedies necessary to safeguard the victim.

Do You Need Legal Help?

No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.

The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.

(image courtesy of Jad Limcaco)