Introduction to Domestic Violence and Orders of Protection in Sangamon County
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The Domestic Violence Act of 1986
Recently in the State Journal Register there has been a series of news articles about individuals in relationships hurting each other, damaging each other’s property and stabbing or shooting at the other person. It is amazing when you look at the fact that these are individuals who once loved each other. They may have children in common or be married (in or out of a divorce) or lived together – or even worse, be child/parent or parent/child.
Domestic violence is a terrible thing and our legislature passed the Illinois Domestic Violence Act of 1986. Sojourn shelter in Springfield receives federal funds to help fight domestic violence – by providing shelter to victims of domestic violence, counseling services and assistance in getting an “Order of Protection”.
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What is an Order of Protection
An individual must first file a petition for an Emergency Order of Protection at the Circuit Clerk of the county where they reside. In Sangamon county a family law judge hears Emergency Orders of Protections Monday through Friday at 11am in Courtroom 6B.
An Order of Protection must:
1) Be against someone that has a relationship that is either:
a) Blood
b) Marriage
c) Child in common
d) Dating (or had a dating relationship)
e) Living together
2) The petition must contain allegations of violence, threats or harassment. A judge decides whether or not the allegations are sufficient to warrant issuance of an Emergency Order of Protection. This is a Plenary Order of Protection hearing.
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What happens next?
The Emergency Order of Protection must be served on the other party by the Sangamon County Sheriffs office. There is a date 7-21 days from the Emergency Order of Protection for a hearing on the Order of Protection. The judge will decide if there is enough evidence of violence, harassment or threats to issue and Order of Protection. The hearing will be a Friday morning at 9am in Sangamon County.
In Sangamon County one Family Law Judge is the "Lead OP" and he/she sits in courtroom 6B, there the judge may hear the case or assign it out to one of the other Family Law Judges who hears cases at that same Friday morning time (9 AM).
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What is the OP Hearing?
The person who is alleged to have committed the violence/threats has the opportunity to either agree or contest the OP. The person who brought the OP can decide to drop the OP or proceed to a hearing.
If the Order of Protection is Granted, What does that Mean?
The Emergency Order of Protection is replaced by a “Plenary Order of Protection” which can last up to two years. If the alleged abuser violates the order then it is a crime.
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What are the remedies in an Order of Protection?
An Order of Protection, emergency or plenary, can order a person to stay away from the other person, give temporary custody of children to one party, suspend or restrict visitation by one or both parents and order the return of property. If it is a Plenary Order of Protection the court can order the individual to surrender firearms that they possess and undergo domestic violence counseling or anger management courses. A Temporary Order of Protection cannot order an individual to surrender firearms or undergo counseling.
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