Orders of Protection
The following information explains how to pursue protective acts whose jurisdiction extends beyond the campus. To obtain one of the orders below, contact the courthouse for the area in which you live. If you would like assistance, or if you have other questions about civil orders of protection or no contact orders, please contact Harper Police at 847-925-6330 or your local police department
Civil Orders of Protection
This is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. They offer civil legal protection from domestic violence to both male and female victims, as well as minors. A civil order of protection can only be filed against certain persons with whom the petitioner has a special relationship with: people who are married or formerly married, people who are related by blood, people who live together or formerly lived together, people who are dating or formerly dated, people who are engaged or formerly engaged, and people with disabilities against their caregivers. There are three types of orders: Emergency and Interim Orders of Protection provide temporary, short-term protection. A Plenary Order of Protection offers longer term protection.
Emergency Orders: An emergency order can be obtained based solely on your testimony to a judge. The abuser does not need to be present. The judge must be convinced that you are in immediate danger, or experiencing emotional distress, or else the judge may not grant the order. The emergency order will last until you can have a full hearing for a plenary order, usually within 14-21 days.
Interim Orders: An interim order offers you a bit more protection than an emergency order. You do not need to have a full court hearing to be granted an interim order. They are often used to protect you in between the time when your emergency order expires and your full court hearing takes place. However, your abuser or his lawyer must have made an initial appearance before the court OR the abuser must have been notified of the date of your court hearing, before you can be given an interim order. An interim order lasts for up to 30 days.
Plenary Orders: A plenary order of protection can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It provides the most protection and the longest-term protection. A plenary order may last up to two years, and there is no limit on the number of times an order of protection can be renewed.
No Contact Orders
If you do not have a relationship with the offender, you may seek to obtain a “no contact order.”
A Civil No Contact Order (CNSCO) is a civil “stay away” order for crime victims who do not have a relationship with the offender. Under a CNCO, the court orders the offender not to have any contact with the victim. A CNCO may last up to two years.
A Stalking No Contact Order (SNCO) is a civil “stay away” order for victims of stalking who do not have a relationship with the offender. Under a SNCO, the court orders the offender not to have any contact with the victim. A SNCO may last up to two years.
Any violation of the above orders is a criminal offense and a Class A misdemeanor (up to one year in jail) and a 2nd offense or subsequent violation is a Class 4 felony (one to three years in jail and possible fines).