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DO YOU NEED HELP?
If you or someone you know is involved in a violent relationship… HELP IS AVAILABLE…
Crisis Line Information | 24-Hour Crisis Line Numbers
Crisis Line Information:
Neopolitan Lighthouse operates a 24-hour crisis line for victims of domestic violence and their families 365 days a year.
A person calling the hotline will speak directly with a trained domestic violence staff who will assist the caller with his/her immediate needs. The staff is available to answer questions or simply to provide supportive listening. The staff is also there to provide options, information and referrals.
Advocates may provide information and referrals to assist callers in accessing the following services:
• Emergency Shelter
• Individual counseling sessions
• Legal assistance
• Medical assistance
• Children’s counseling/services
24-Hour Crisis Line Numbers
Neopolitan Lighthouse 24-hour Crisis Line: 773-722-0005
City of Chicago Domestic Violence Help line: 1-877-863-6338
National Domestic Violence Help line: 1-800-799-7233
Neopolitan Lighthouse provides legal assistance to victims of domestic violence who are accessing the legal and/or criminal justice system. A legal advocate is available to meet victims at either criminal or civil court to provide support, assistance, and information when filing for orders of protection or appearing for any related court case.
If you or someone you know needs assistance in obtaining an Order of Protection or has questions about the legal system, please call Neopolitan Lighthouse at 773-638-0228, or Neopolitan’s 24 hour crisis line (773-722-0005).
WHAT IS AN ORDER OF PROTECTION?
An Order of Protection (OP) is a legal injunction or court order prohibiting your abuser from any further contact or abuse. An Order of Protection is very useful, but ONLY IF YOU ENFORCE IT.
WHO CAN BE PROTECTED BY AN ORDER OF PROTECTION?
Anyone assaulted or threatened by a “family or household member”, or “a current or former dating partner” can get an Order of Protection. “Family or household member” is defined as:
• Spouse or former spouse
• Persons who (currently or in the past) reside together
• Parents and child(ren)
• Persons who have a child(ren) in common (regardless of whether or not they have been married)
• Persons related by blood, marriage, or common child
• Persons with disabilities and their personal assistants/caregivers
• Persons in a dating or engagement relationship (currently or in the past)
WHAT PROTECTION DOES THE ORDER PROVIDE?
An Order of Protection can
• Prohibit the respondent from committing further acts of violence and harassment and from coming near the petitioner.
• Exclude the respondent from the petitioner’s residence shared by petitioner and respondent, including while under the influence of alcohol or drugs.
• Prohibit the respondent from entering the petitioner’s home, place of employment, school, etc…
• Recommend the respondent participate in counseling.
• Award temporary custody of the minor child(ren) to one parent, and establish temporary visitation.
• Prohibit the respondent from taking or hiding a child(ren); and require the respondent to appear in court alone or with a child(ren), and/or return a child(ren).
• Order possession of certain items of personal property to the petitioner, and forbid the respondent from taking or destroying any property.
• Require the respondent to pay temporary support for the petitioner and/or the child(ren).
• Order the respondent to pay the petitioner for losses due to the abuse including, but not limited to, medical expenses, attorney’s fees, property damage, etc…
• Prohibit access to a child’s school records or other records.
WHAT IS THE DIFFERENCE BETWEEN A CIVIL OP AND A CRIMINAL OP?
CRIMINAL ORDERS OF PROTECTION – A victim of domestic violence who wishes to press criminal charges against her abuser may obtain a Criminal Order of Protection in conjunction with her pending criminal case. In order to initiate a criminal case, a victim must first obtain a police report for the abuse. It is then up to the discretion of the State’s Attorney’s office to prosecute the abuser if there is sufficient evidence. In a criminal proceeding, an abuser may be arrested and sentenced to jail time and/or fines. Once initiated, the case is brought by the State and therefore a victim may not be able to stop a criminal proceeding once it is started.
CIVIL ORDERS OF PROTECTION – A victim who does not wish to press criminal charges against her abuser may obtain an Order of Protection in civil court. In a proceeding to obtain a Civil Order of Protection, an attorney will not be assigned to you. You must either obtain your own representation or represent yourself in court. A Civil Order of Protection may be vacated or cancelled at any time at the request of the victim.
HOW TO OBTAIN AN ORDER OF PROTECTION IN CRIMINAL COURT
To obtain an Order of Protection in CRIMINAL COURT you must have a POLICE REPORT or the RD# (the six-digit number found in the upper right corner of your police report). If you do not have a police report, you can go to your local police station and file a report shortly after the abusive incident. Anyone may file a police report.
* The Criminal Domestic Violence Court is located at 1340 S. Michigan Avenue in Chicago. You will want to arrive around 8:30 a.m. and should plan on being at the courthouse all day.
* Go to room 310 and tell them that you are seeking an Emergency Order of Protection.
* When you enter room 310, you will be asked to sign-in and complete an intake form.
* You will need to bring the following with you:
* Your police report or the RD #.
* A copy of your driver’s license or state ID.
* An address where your abuser can be found and served with papers
HOW TO OBTAIN AN ORDER OF PROTECTION IN CIVIL COURT
To obtain a Civil Order of Protection, you will need to go to 555 W. Harrison Street in Chicago. You will need to go to the 6th floor between 8:30 a.m. and 4:00 p.m. Plan to be at the courthouse all day. You will need the following:
* An address where your abuser can be found and served with papers
* Your abuser’s date of birth
THREE TYPES OF ORDERS OF PROTECTION:
EMERGENCY ORDER OF PROTECTION: This initial order of protection lasts from 14 to 21 days. An Emergency Order of Protection is obtained through an ex parte proceeding which means only the victim is present in court. The abuser will not be present in court at this time. The Emergency Order of Protection may be obtained by the testimony of the victim. Remedies do not include temporary custody, visitation, child support, or counseling.
INTERIM ORDER OF PROTECTION: An Interim Order of Protection may be issued only after the abuser has been served with the Petition and Emergency Order of Protection. This is a temporary order that is valid for up to 30 days. All remedies are available on an Interim Order of Protection.
PLENARY ORDER OF PROTECTION: This is the final order of protection, valid for up to 2 years. A Plenary Order of Protection may be issued only if the abuser has first been served with the Petition and Emergency Order of Protection. Generally a Plenary Order of Protection will only be issued after a hearing has been conducted on the merits of the case or if the abuser fails to appear in court or agrees to entry of the Order of Protection.
WHAT IS THE COST OF THE PROTECTION ORDER?
There is no charge for filing for an Order of Protection.
WHO IS THE RESPONDENT AND WHO IS THE PETITIONER?
The petitioner is the person who is obtaining the Order of Protection; the respondent is the person who the Order of Protection is against.
WHAT IS THE DIFFERENCE BETWEEN A LEGAL ADVOCATE AND AN ATTORNEY?
A legal advocate can help you file a police report, go to court with you, explain the court system (both criminal and civil), explain what an order of protection is, assist you in pressing charges against your abuser, and much more.
A legal advocate, however, is not an attorney and cannot represent you in court. If you feel you need legal advice, you should acquire the services of a lawyer.
WHAT SHOULD I DO IF THE RESPONDENT VIOLATES THE ORDER OF PROTECTION?
If the respondent violates the Order of Protection, it is important that you make a police report. Take this police report to criminal court (1340 S. Michigan), and you can press charges for a violation of an Order of Protection