Orders of Protection Basics

By: Janice Dantes

 

Recently, the body of a young woman named Gabby Petito was found in the Grand Tetons National Park. It is believed that her relationship with her fiancé Brian Laundrie involved domestic violence and her death has sparked much national debate about domestic violence. Domestic violence is not ok whether the act is perpetrated by a man against their female partner or a woman against her male partner. Further, physical abuse is not the only form of abuse between partners. Psychological abuse, mental cruelty, and financial abuse occur in many relationships and can be the grounds for an order of protection. Below are some basics about orders of protection:

1. Civil and Criminal Orders of Protection. There are two types of orders of protection: civil and criminal. A criminal order of protection is issued by the State’s attorney and is issued in more extreme cases where a crime occurred. The perpetrator can be arrested and jailed if the victim chooses to pursue the matter. With civil orders of protection, the perpetrator is ordered to stay away from the victim. This does not rise to the level of a crime, but it can impact the perpetrator ’s ability to hold firearms and will appear in a background search, impacting a person’s ability to obtain employment.

2. Orders of Protection Can Cover Minor Children. Even if a minor child was not injured, that minor child can be protected under an order of protection. The order of protection will need to name any minor child in the petition in order for them to be included. If a child is included in an order of protection, the order could severely restrict the perpetrators access to the minor child including parenting time.

3. Fear for your safety and interference with your civil liberties. Orders of protection involve cases above and beyond a partner that is a nuisance. The courts will not grant you an order of protection without a demonstration of a fear for your safety or a person interfering with your civil liberties. You have to be in reasonable fear of your safety or that the current arrangement is abusive. Please keep in mind that an order of protection can negatively impact the alleged perpetrator’s life which can leave you without financial support if he/ she loses her job or is unable to secure employment.

4. Exclusive Possession of the Marital Home. An order of protection can grant exclusive possession of the parties’ residence even if the home is not owned by the victim. This means, that the alleged perpetrator can be expelled from the home he/she shared with the victim and will have to find other accommodations. This is necessary for the safety of the parties. However, if the parties choose to do this, this can also create financial strain.

If you have questions about orders of protection, please call (312) 546-5077 or janice@ pinaylaw.com.

Thank you for reading. Until we meet again, love one another.