There are two types of order of protection or restraining orders in the
State of Illinois, Criminal and Civil. Under Criminal, after an alleged crime
is committed, the Court can order the defendant to stay away from the
alleged victim. Typically, it is a condition of bond that is set by the
Court. The Court has the authority to set conditions on the defendant in
order for the defendant to be released from custody. Any violation of
these conditions can lead to a defendant being remanded or taken back
into custody. Once the underlying criminal case is over, the order of
protection is over as well, unless it becomes a part of the sentencing
order if there is one.
A Civil order of protection can either be brought with a divorce case or
a separate case. Typically, the person seeking the order of protection
(Petitioner) goes in front of a Judge without the other person
(Respondent) being present. If there is enough evidence, the Judge can
order an Emergency Order of Protection. This order is usually effective
for 21 days.
The sheriff then serves notice of the order of protection on the
Respondent, telling him or her of what date to appear in Court to either
accept or challenge the order of protection.
If the Court determines, after hearing the evidence from both sides or
the Respondent does not appear in Court, the need for an order of
protection is necessary, it can extend the emergency order into a plenary
order for up to two years.
At the Law Office of Brian T. Morgan, we can assist you either get an
order of protection or fight an order of protection that is pending on you.
Once a plenary order is entered, there is little if anything we can do to
help. If you have been served with an order of protection, you need to
take action now.
If you are a victim of violence, an order of protection is only a piece of
paper. You still need to be smart to stay safe. That piece of paper will
not deter everybody from having contact. If you feel threatened, call
CALL (815) 963-6330 for a free initial consultation.
Big City Experience, Small Town Values
The information you obtain on this website is not, nor is it intended to be,
legal advice. You should consult an attorney for individual advice
regarding your own situation.
(c) 2014 Brian Morgan
Illinois does not recognize specialties such as Criminal Law, Criminal
Defense, Personal Injury Law, Family Law, Divorce Law, Estate
Planning Law, Trust and Estate Law, Wills, Child Custody, Felony Law,
Misdemeanor Law, or Traffic Law. Attorney Brian Morgan is only listing
specific areas of the law in which its lawyers practice.
Brian Morgan represents clients accused of Felony, Misdemeanor and
traffic offenses including drug, cannabis, cocaine, heroin, DUI,
aggravated DUI, driving under the influence of alcohol, aggravated
driving under the influence of alcohol, dws, driving while suspended,
speeding, leaving the scene of a property or personal injury accident,
domestic battery, aggravated domestic battery, battery, UUW, unlawful
use of a weapon, theft, retail theft, felony retail theft, disorderly conduct,
criminal sexual abuse, violation of an order of protection, DCFS cases,
juvenile law, burglary, residential burglary, home invasion, armed
robbery, class x felony, and all other criminal offenses.
Brian Morgan also represents clients in family, divorce, child custody,
child support, DCFS, juvenile court and order of protection.
Our attorneys also representing clients in personal injury cases, car
accidents, slip and falls, insurance disputes, medical malpractice, wrongful
death, guardianships, estate planning, wills and trusts, contract disputes,
real estate, civil litigation and collections. If your problem is not listed,
Brian Morgan serve the counties of Winnebago, Boone, Stephenson,
DeKalb, McHenry, Ogle, Lee, Whiteside, LaSalle, and Jo Davies. This
includes the cities and towns of Rockford, Belvidere, Freeport, DeKalb,
Woodstock, Oregon, Dixon, Peru, Galena, Cherry Valley, Rockton,
Roscoe, Pecatonica, Winnebago, Poplar Grove, Caledonia, Capron,
Sycamore, Byron, and Sterling.