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Can an Order of Protection from Illinois Protect Me in Another State? 

Posted on in Family Law

b2ap3_thumbnail_shutterstock_1091909501.pngEvery day, men and women all over Illinois deal with domestic violence. Fear of an intimate partner or relative can have serious negative consequences on a victim’s mental health, to say nothing of the physical dangers of living with a violent person. Sometimes, victims want to leave their situation but fear their abuser will pursue them wherever they go - even if they leave the state. 

Fortunately, Illinois law recognizes the importance of protecting victims of domestic violence and offers Orders of Protection for men and women who want legal help. If you are living in fear of your abuser, you have options. There are many organizations that help domestic violence victims escape dangerous situations and an experienced Illinois attorney can help you file for an Order of Protection when necessary. To learn more about Orders of Protection and how they work across state lines, read on. 

The Violence Against Women Act

In 1994, President Bill Clinton signed the Violence Against Women Act (VAWA) into law. Although the law specifically mentions women, protection under the VAWA includes protection for all genders, as well as homosexual and transgender victims of domestic violence. 

One of the most important elements of the VAWA is its ability to ensure Orders of Protection from any state can be enforced in all other states. Under VAWA, Orders of Protection include injunctions, restraining orders, and any other order issued by a criminal or civil court to prevent violence, threatening acts, sexual violence, or unwanted contact and communication. VAWA also allows Orders of Protection to be enforced in Indian tribal lands, Washington, D.C., and all U.S. territories. Abusers who violate Orders of Protection are subject to punishment in the state in which the violation occurred. 

Types of Orders of Protection 

Illinois has three main types of Orders of Protection. They are: 

  • Emergency Orders of Protection (EOPs) - An EOP can be issued when an alleged victim needs urgent protection. The victim can file a request for an EOP at any time, including nights and weekends, and a judge can immediately issue the EOP for up to 21 days without hearing testimony from the alleged abuser. 

  • Interim Orders of Protection (IOPs) - IOPs can last up to 30 days and are issued when the alleged abuser has been served with a notice of a pending court hearing. 

  • Plenary Orders of Protection (POPs) - POPs are long-term protection orders that can last up to two years. They can only be put into effect after the alleged abuser has had a chance to appear in court and provide testimony. 

The terms of an Order of Protection depend on each case’s specific circumstances and can vary widely. Although this is not an exhaustive list, they may do any or all of the following:

  • Prohibit contact between the abuser and victim, including the victim’s children

  • Require the abuser to abstain from drugs and alcohol, or stay away from the victim when the abuser is under the influence of drugs or alcohol 

  • Prohibit the abuser to own or handle firearms 

  • Require the abuser to stay away from the victim’s home, workplace, or children’s school 

  • Mandate that the abuser pay restitution, seek therapy, or return property or documents to the victim 

Schedule a Confidential Consultation with an Arlington Heights Order of Protection Lawyer

If you are considering filing for an Order of Protection, chances are you could use the experienced services of an Arlington Heights, IL Order of Protection attorney with A. Traub & Associates. We can help you explore your options in a confidential consultation and will work with you to meet in a way that is safe for you. Call us today at 847-749-4182 and set up your appointment by phone or in person. 

 

Source: 

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

Illinois State Bar Association Northwest Suburban Bar Association DuPage County Criminal Defense Lawyers Association DuPage County Bar Association Illinois Association Criminal Defense Lawyers American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners
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