The benefits of a court 'Order of Protection'
A person who is the victim of domestic violence may have the right to obtain an Order of Protection. Typically, the perpetrator is a family or household member who physically or verbally abuses the victim.
An Order of Protection is a court order whose aim is to prevent the abuser from committing further abuse. The Order may give the victim control of the home, car or other property, and keep the abuser away from the victim. It can seek to prevent the abuser from entering the residence, and give the petitioner temporary custody of the children as well as order child support and maintenance.
Victims of domestic abuse have the option of requesting an Order of Protection from the criminal courts. If they take this approach, they must first file a police report. Some victims are reluctant to do this, especially if there are children involved. If the person is not willing to file a criminal charge, he or she can obtain an Order of Protection from a civil court.
It is important for the victim of abuse to know that he or she does not have to file for divorce to get help from the courts. Furthermore, if after obtaining an Order of Protection, the abuse continues, the victim may want to contact the state's attorney and bring criminal charges against the abuser. The victim can also sue the abuser for personal injuries resulting from the abuse.
Additional help may be available from a spousal abuse shelter or a domestic violence support group (check the Yellow Pages under "Social Service Organizations").
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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