Domstic Violence and Orders of Protection

Any person who is abused by a family or household member can obtain an emergency order of protection with the help of the advocates who work with Family Shelter Service, the DuPage County State’s Attorney, by yourself, or with the help of your own attorney. 

The forms for obtaining an order of protection can be gotten at the DuPage County Clerk’s Office, which is on the 1st Floor of the DuPage Judicial Center at 505 North County Farm Road, in Wheaton.  There is no filing fee for orders of protection.

After going before the Judge and obtaining the Emergency Order of Protection, it is necessary to get the papers to the Sheriff for service on the Defendant.  The Judge assigns a hearing date.  If you know, or if you feel the Defendant will have an attorney present at the hearing date, it is usually recommended that you have your own attorney present for the hearing.

At the hearing date set by the judge, you obtain an order of protection for a period of up to two years.  In an order of protection you can obtain the following: 

1. Order restraining defendant from harassment, interference with your personal liberty, physical abuse or stalking.
2. Order requiring Defendant to stay away from you and other protected people.
3. Order forbidding Defendant from entering or remaining in the residence while under the influence of drugs or alcohol
4. Order giving you exclusive possession of your residence, and forbidding Defendant from entering the residence.
5. Order giving you certain personal property.
6. Order forbidding Defendant from taking or damaging certain property.
7. Orders regarding possession of the child or children and visitation
8. Orders regarding firearms
9. Orders for child support and maintenance (alimony).
10.  Miscellaneous remedies, including ordering the Defendant to undergo counseling

Call or contact me if you are afraid of someone you love or think the above is needed in your life and we will talk about whether an order of protection is right for you.