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order of protection, Kane County family law attorneyA separation, divorce, or parental rights dispute can cause tensions to run high. An emotionally unstable spouse may become abusive when he or she is confronted with possible family changes. Some people choose to leave their spouse or seek full custody of their children precisely because their partner is abusive. Domestic violence is shockingly common in the United States. On average, 10 million men and women are victims of domestic violence each year, and about one in three women and one in four men will be victims of intimate partner violence in their lifetime. Fortunately, there are legal options for those who wish to protect themselves or their children from an abusive partner.

Orders of protection are intended to protect a person from threat of imminent harm. An emergency order of protection is easily acquired and does not require the person seeking the order of protection to give notice to his or her abuser. An emergency order is a short-term measure typically given to a victim by a judge for up to 21 days. This gives the victim time to request a longer-term protection order if necessary.

In Illinois, a plenary order of protection is different from an EPO because it is longer term. A plenary order can last for up to two years and can be renewed upon review when it expires. These protection orders can include various provisions but generally require the alleged abuser to stay away from the victim and/or their children or family.

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