Modifying or re-opening an order of protection in Illinois

Aug 6, 2015 | Domestic Violence

Unfortunately, many people in Illinois are the victims of domestic abuse. One common way to protect oneself against an abuser is to obtain an order of protection. These orders prohibit the abuser from contacting the victim in any manner. If they do contact the victim, the abuser can be charged with a crime.

However, circumstances can change after an order of protection is issued. Therefore, the law allows the parties to modify these orders in certain situations. The victim of the domestic abuse has the right to petition the court to modify the order if the abuser made contact with the victim or further protection is needed that wasn’t contemplated at the time of the original hearing. The abuser does not have the right to modify the order on these grounds, though.

However, orders of protection also have implications for family law matters. In fact, the order can actually make decisions regarding custody, parenting time and child support. Both the victim and the abuser have the right to modify this portion of the order.

The party accused of abuse also has the right to petition the court to re-open an emergency order of protection in a couple of different situations. One is if the person was not served with the initial petition. Another is if the person accused of abuse has a defense to the allegations in the petition or the order granted remedies not allowed by statute. Not everyone accused of abuse actually committed an act of domestic abuse and those who are wrongfully accused have a right to defend themselves.

Many people are subject to both sides of orders of protection in Illinois. These orders can be very valuable to victims of domestic violence. After an order has been issued, the victim has a right to modify an order to ensure they are properly protected. The orders can also be sought based on false accusations and the alleged abuser has the right to defend themselves. Experienced attorneys understand the laws regarding orders of protection and can help guide one through the process.

Source: Illinois General Assembly, “750 ILCS 60/,” accessed on August 4, 2015.