On behalf of Law Office of Bradley R. Tengler, P.C. posted in Orders of Protection on Friday, November 9, 2012.
You’ve done all that you know to do to create distance between yourself and your abuser. You’ve ended the relationship, you’ve moved out, you’ve done everything in your power to avoid him. Yet you can’t escape him. You can’t help but feel nervous every time you come home alone at night. Fortunately, when the uncertainty and the harassment become too much to bear, legal measures can be taken to protect you. With the assistance of your family lawyer, you can file a petition for an order of protection. The following describes the circumstances under which an order of protection can be obtained.
- Must be against a family or household member. The person you’re filing against must have been a family or household member, including a spouse, ex spouse, ex boyfriend/girlfriend, ex fiancé, or someone with whom you have a child in common.
- Must be a victim of continued abuse. Orders of protection are set in place to protect victims who have been repeatedly abused through the “knowing or reckless use of physical force, confinement, or restraint,” or harassed. This protection demands the limitation or elimination of contact between the abuser and the victim. Once you have obtained an order of protection, the abuser is prevented by law from engaging in all forms of harassment, including making threats, creating a disturbance at your school or job, contacting you in person or via other means of communication, and keeping you under surveillance by monitoring your home, work place, or school.
- Signed affidavit. An order of protection is not taken lightly in the court system. In order for you to file, you must do so in writing while including a signed affidavit. This is done to ensure the reliability and credibility of the petitioner. If it is found that the petitioner’s statement lacks truth and credibility, the petitioner may be found guilty of perjury.
The sense of security that an order of protection can provide is invaluable. In the event that the abuser violates an order of protection, he/she could face jail time and a fine. If he/she violates the order a second time, the state may charge your abuser with a felony.
If you or someone you love is a victim of abuse or harassment, or for more information on obtaining an order of protection, do not hesitate to call the Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation.