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Hello, I will be your guide and will walk you through the process of obtaining an Order
of Protection. This video will show you where you can find reliable legal information and
help you understand what happens when you go to court. Hello Cheryl. Thanks so much
for coming. I figured since you’re a Domestic Violence Advocate that you could probably
help me. Of course Angela. I’ll do whatever I can to help. Things at home have gotten
really bad and I’m wondering if I should, or can, get an Order of Protection. Well,
this is a big step for you Angela and I’m here for you. You should know that only certain
types of relationships allow the court to issue an Order of Protection. They are people
you live with, people you date, or people you are related to. The court cannot issue
an Order of Protection against people such as co-workers or neighbors. Well, this involves
my husband who I live with. Okay. Now you do know that an Order of Protection is a written
order issued by a judge to stop further domestic abuse, often called “domestic violence”,
right? Well, yes, but I’m just not sure that my situation is actually domestic violence.
See people misunderstand just what domestic violence is. It is not just physical abuse.
It can be emotional abuse, *** abuse, or other any other harassment that interferes
with a person’s liberties. Well this is my situation then. But what about my children?
They are protected by the law, too, as well as other household members. Okay, good. Then
I think I need to try to get an Order of Protection for me and my kids. I can guide you through
the process. The other things you need to do are to check into available resources to
help you and you need put together a safety plan to protect you and your children. Well
then, that means we need to do a few things. We need to obtain the order of protection;
we need to better understand the court system and we need to fill out the appropriate paperwork.
Let’s get started. Do I need a lawyer? In any type of case, it is best if you can get
a lawyer, if at all possible. Lawyers are trained in what the law says about your situation,
what your legal options are, how to help you decide what’s best for your case, and how
to present it in the best way. If you qualify, you can find a lawyer to represent you either
for free or at a reduced price. If you can’t get an attorney you’ll have to go to court
without one. This is what is called “pro se” in the court system. Okay, before we
get started, have you filed criminal charges against him? No, I haven’t, but I thought
about it. Well, Domestic Violence is a crime, but filing charges is up to you. However,
if you file charges, the states attorney can also request an Order of Protection for you
and your kids. So I will take you through filing for an Order of Protection on its own.
This is where you start the paperwork needed for your court case. We will need to fill
out the proper forms and file them here at the clerk’s office. I’m filing the case
so I am the Petitioner and the person I am filing the case against is the Respondent,
right? Right. You should also know that there are no filing fees or sheriff’s fees in
an Order of Protection case. Oh, that’s great. I don’t even have access to our bank
accounts. Sadly, that is not uncommon in these situations like this, but the laws are set
up to help you. Let’s go into the clerk’s office and get your paperwork started. You
can get the forms at the clerk’s office and fill them out there. If you are outside
of Cook County, you can fill them out on the internet on the website: www.illinoislegalaid.org
by searching the words domestic violence and following the instructions. No matter how
or where you fill out the forms, you then file them, with copies, in the clerk’s office
to begin the process. How do I know which forms to request or fill out? You will start
with a petition, but you should know that there are different types of Orders of Protection
you can request. Each type is issued at a different time and each type protects you
for different lengths of time. Oh, I didn’t know that. An Order of Protection is made
to stop further domestic abuse in a number of different ways including ordering the abuser
to stay away from you. You may also ask the judge for other remedies such as asking the
abuser to pay certain expenses, asking for custody of your children and asking for child
support and maintenance. First of all, courts can issue Orders of Protection in connection
with other cases, such as a criminal case. However, to request an Order of Protection
by itself, you must complete and file a petition. In the Petition you provide the court with
necessary information and ask the court to enter orders of protection and provide certain
remedies. How much information about the abuse should I put in the Petition? Well it is important
to put in detailed explanations of all of the abuse, including different dates and types
of abuse. However, one recent event of abuse can be enough to show the need for an Order
of Protection. I will include everything. In your petition, you can ask for an Emergency
Order of Protection and a Plenary Order of Protection. What are those and what are the
differences? The Emergency Order of Protection may be issued the same day you file the petition.
It is designed to provide immediate protection, but it only lasts for 14 to 21 days. In a
lawsuit, the other party is entitled to be notified and hear the case against him. An
exception may be made to protect you if the judge feels there is a true emergency and
can issue an Emergency Order of Protection without first notifying the other party. To
do so and issue an Emergency Order of Protection, the judge must feel there is genuine risk
of additional abuse to you and other parties. You have to explain why you are afraid to
notify the other person. I know that this is a big thing to ask the court to do. You
will need to return to court to request what is called a Plenary Order of Protection. The
Respondent is entitled to a hearing so this is why you must return to court to make your
case and request a longer time period of protection. The Plenary Order of Protection can last up
to two years. After that, you will need to return to court to request an extension of
that order or to request another one. I think I understand and I think I’m ready to fill
out the forms and to file my Petition. Okay, let’s fill out your paperwork. You will
be filing a petition and asking for an Emergency Order of Protection and a Plenary Order of
Protection. And, remember, you will need to return to court at a later date to get the
Plenary Order. What else should I ask the court to do? What remedies do I request? Well,
there are a number of remedies you may request and they are all listed on the petition. Remember
if you don’t ask for something the court can’t give it to you. So be sure to ask
the court for all the remedies you need. And, with the emergency order you cannot ask for
custody, or ownership or property or get money from the respondent because the court is giving
you protection without hearing both sides. You can ask for these types of remedies in
the hearing for the plenary order. Be sure to check with the clerk and make all the copies
that you need. Hi. Hello, I would like to file my Petition for an Order of Protection.
Do you need the forms or have you completed them already? Yes, my friend is a domestic
violence advocate and she helped me complete them. Here they are. Okay. Your papers have
been filed. The court is on a break right now, so you need to be back at the courtroom
at 2pm. Thank you very much. Thank you. As I have told you, after the Emergency Order
of Protection is issued, notice of this case, along with copies of the documents you filed,
will be served on the Respondent. That way he will know when the hearing for the Plenary
Order of Protection is and whether there is an Emergency Order of Protection against him.
Do I have to do that? I’m really afraid to tell him. No, you do not. The Sheriff,
or a Private Process Server, will serve the court papers on the Respondent soon after
you file the petition. The respondent will also receive a copy of the Emergency Order
of Protection if one is issued. There is no fee for this in an Order of Protection case.
That is good to know and really helps a lot. So what happens in the courtroom? You will
now be going to the hearing for the Emergency Order of Protection. The judge will review
your petition and ask you questions. Just be polite and answer all the judges’ questions
completely. Before going into the courtroom, be sure to turn off your cell phone or pager
and make sure you are not chewing gum. Do not to talk until your case is called and
it is your turn. And, remember, there is nothing to be afraid of about the hearing. You will
first need to check in with the judge’s clerk or the deputy will take your paperwork
to the clerk. Then take a seat and wait for your case to be called. When your case is called, tell the judge that
you are present and step up to the bench. The judge will review your petition and then
asking you questions. The judge may want to dig deeper into the situation. If the judge
feels that he cannot issue the Emergency Order, then a hearing will be scheduled for the Plenary
Order of Protection and notice will be given to the Respondent. If the judge does grant
you an Emergency Order of Protection, you will be responsible for filling out the order
after the hearing. Often you will do this in advance and then make changes necessary
to the order. The judge will review and sign the Order of Protection. Be sure to wait for
the signed order to take with you. Again, after the hearing on the Emergency Order of
Protection, you must return on the hearing date for the Plenary Order of Protection.
At that hearing, the court will give both sides an opportunity to explain their side.
What can I do to make sure this order of protection is properly enforced? Be sure to call the
police if there is further abuse or harassment; if the Respondent is ordered to stay away
from you and your residence and he does not; and if he possesses any firearms. Once the
order is issued, it will be entered that same evening into a law enforcement computer system.
You should keep a copy with you and give copies to your children’s’ school, day care provider,
relatives or others. Then, if you need to, you can have a police officer or sheriff's
deputy enforce or make the person obey the Order of Protection. The date that the order
expires is stated on the front of the order. To keep the order in effect, you will need
to return to court before the expiration date to have it renewed. Remember, if you do not
attend the next hearing for the Plenary Order of Protection, the Emergency order will automatically
expire, and the protections it provides against domestic violence will no longer be available.
Thank you so much Cheryl. I now feel like I can begin a new phase in my life and that
my family and I are free from the threat of violence. I’m glad I could help and I wish
you the best. You’re in a very difficult situation right now, but there are many resources
that can help you. Thank you for taking the time to view this video. We hope it has given
you the information you need to understand Orders of Protection against domestic violence,
and the steps you'll need to follow in order to get one. Please remember to visit www.illinoislegalaid.org,
contact local domestic violence advocacy organizations, contact your state or local bar associations,
and be sure to contact the National Domestic Violence Hotline for a referral to an agency
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