If so, you may be entitled to an Order of Protection under the Domestic Violence Act?
What is Domestic Violence?
Physical Abuse, Neglect, Intimidation of a Dependent, Interference with Personal Liberty, Willful Deprivation except for Reasonable Direction of a Minor Child by a Parent or other Parental Unit such as a Guardian.
What happens if you are awarded an Order of Protection?
You could be entitled to exclusive possession of a shared residence, temporary possession of minor children, a stay away order from your place of employment, your school or your children’s schools, an order that the offending party not contact you by any means whatsoever, phone, text, email, through social media.
What happens if the offending party violates the Order?
He or she could be arrested.
There has also been an important recent change in the Illinois Domestic Violence Act. Your court file will not be accessible to the other party until he or she is served with Summons. That means that your husband, wife, boyfriend, girlfriend, whomever you have brought this Petition for Order of Protection against will not have access to your file until he or she is served by the Sheriff.
Keep in mind, however, that the new law is not in effect yet! There is some controversey since potential lawyers for the offending party won’t have access to the file either. We will let you know on this Blog when and if it becomes official.
If you need an Order of Protection, you may want to enlist the assistance of a private attorney especially with the changing laws.