Orders of Protection
An order of protection, also sometimes informally called a “restraining order,” is a court order that is intended to stop domestic violence, harassment, intimidation of a dependent, or interference with personal liberty.
An order of protection may require the abuser to do any of the following:
- stop harassing, abusing, stalking, and intimidating you, and interfering with your personal liberty;
- leave your shared residence or stay away from your shared home when he is under the influence of drugs or alcohol and is a threat to you or your children;
- stay away from your home, work, school or any other site you specify in the order;
- not contact you in any way (including phone, mail or through third parties);
- give up his guns and firearm owner’s identification card to local law enforcement for up to two years;
- give you your personal property and forbid your abuser from taking or damaging your personal property or property that you co-own with the abuser;
- reimburse you for losses suffered as a result of abuse, such as medical expenses, lost earnings; property damage, attorney’s fees, moving and travel expenses, shelter and meals, cost of finding/
- recovering your children, counseling for you and your children;
- undergo counseling;
- pay you child and spousal support;
- not remove your child from the state, not to hide the child within the state, or to bring the child to court; and/or
- not have access to the children’s school (or other) records.
The order or protection can give an abuse victim any of the following:
- temporary custody of children, and determine temporary visitation rights, if any
- custody of any animal owned by the victim, the abuser or the child (even if the child lives with the abuser) and order the abuser to stay away from the animal and forbid the abuser from taking, harming, or otherwise disposing of the animal
- anything else necessary to prevent further abuse
Where an Order of Protection may be requested:
A petition for an order of protection may be filed in any county where the victim lives, where the abuser lives, where the abuse occurred, or where the victim is temporarily located if he or she left his or her home to avoid further abuse and could not obtain safe temporary housing in the county where his or her home is located.
Emergency Order of Protection
The court can issue this order on the same day someone asks for it. The Emergency Order lasts for 14 to 21 days. The judge may give someone an Emergency Order of Protection against someone without the abuser knowing about the case beforehand.
Interim Order of Protection
The judge may give someone an Interim Order after the other person has been served, or if several attempts have been made to serve them. This order may last up to 30 days.
Plenary Order of Protection
A Plenary Order can only be given against someone after they are served by the sheriff. This order can last for up to 2 years.
Orders of Protection are not issued by the police department. They are issued by the courts. We may, at times, assist victims in this process. Assistance can also be attained by contacting the State's Attorney of your specific county. Assistance can be obtained from victim assistance associations. Those agencies can be contacted by clicking on the links provided below.
If a current, valid order of protection is violated in the city of Aurora, an Aurora Police report needs to be completed in order to start the investigation/prosecution of the violation. If it occurred in another jurisdiction a report needs to be completed in that jurisdiction. Orders of Protection are generally recognized in all jurisdiction, regardless of where the order was originally obtained.
Mutual Ground (Services Kane & Kendall)