Orders of protection—also called protective orders or restraining orders—are a key way Illinois protects sexual assault victims from future attacks. A protective order prohibits an abuser from contacting or approaching their victim and may impose additional restrictions, such as barring abusers from possessing weapons. Here’s what you need to know about filing for a protective order and enforcing it once it’s been issued.
Understanding Protective Orders
A victim of sexual assault can petition the court for a protective order against their abuser. Courts can issue several types of protective orders, including emergency, temporary, and final/permanent orders. Courts usually issue emergency or temporary protective orders at the start of a civil abuse or domestic violence case, barring the defendant in the case from contacting or approaching the plaintiff until the court can hold a hearing to determine whether to issue a permanent protective order.
Before issuing a permanent order, the court will hold a hearing for the plaintiff (the person petitioning for the order) to present evidence proving that a sexual assault occurred and that the plaintiff needs a protective order to prevent future abuse. The defendant (the target of the order) will also have the opportunity to refute the allegations and present evidence and witness testimony.
Although obtaining a protective order involves a civil proceeding, violations of a protective order can lead to criminal charges against a defendant subject to a protective order.
Steps to Obtain a Protective Order
Obtaining a protective order involves several steps, including:
- Filing a petition: A sexual assault survivor files their petition with their local court. The petition must allege the facts of the sexual assault and request a protective order. Once the court receives a protective order petition, it may issue a temporary order that lasts until the court can hold a hearing.
- Serving the respondent: The police or a private process server must deliver a copy of the petition and the temporary protective order to the respondent accused of sexual assault, informing them of their obligation to obey the temporary order and advising them of the scheduled hearing date.
- Attending the final hearing: The court will hold a final hearing before issuing a permanent protective order to determine whether the evidence supports issuing the order (whether the alleged sexual assault occurred and whether the petitioner needs a permanent order for future protection).
Enforcing a Protective Order
Even when there’s a protective order against them, some abusers continue to engage in acts of violence or harassment against their victims. Sexual assault survivors can respond to continued abuse by enforcing their protective orders. One way is to call law enforcement when a respondent attempts to approach them, which will result in the respondent being arrested for violating the order. Police can investigate alleged violations of protective orders and may bring criminal charges against a respondent who violates an order.
Survivors can also petition the court to hold a respondent in contempt for violating the order. A contempt order may include additional restrictions for the protective order, extension of the protective order’s term, and monetary sanctions.
How Can an Attorney Help You Obtain and Enforce a Protective Order After a Sexual Assault?
If you’ve been the victim of sexual assault, an attorney can help you obtain and enforce a protective order by:
- Gathering evidence needed to support your petition
- Drafting and filing your petition on your behalf
- Serving the petition and temporary order on the respondent
- Presenting your case at the final hearing
An attorney can also return to court on your behalf should the respondent violate a temporary or final protective order.
Contact Our Firm Today for Guidance and Support
Sexual assault is a heinous crime, and survivors deserve every protection afforded them under the law. If you’re a sexual assault survivor interested in obtaining a protective order against the person who hurt you, contact Hale & Monico today for a confidential consultation with an experienced domestic relations attorney. We are standing by to serve you with compassion and respect during this difficult time.