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Orders of Protection can be especially damaging for officers
If a Chicago Police Officer is named as a re- spondent in an Order of Protection, they face potentially devastating consequences that
are unique to law enforcement and police officers. Orders of Protection are relatively
easy to obtain and can be granted with-
out any notice to the alleged offender and without the alleged offender even being present in court. Orders of Protection are governed under the Illinois Domestic Violence Act and are allowable only if the court finds that
there is some familial or dating relationship between the par- ties.
Orders of Protection can be obtained in two basic ways: A criminal Order of Protection can be obtained in conjunction with an arrest and charge of domestic battery; a civil Order of Protection can be obtained by filing a Petition for an Emergen- cy Order of Protection in the Domestic Relations Division of the Circuit Court of Cook County, either on its own or as part of an existing divorce or custody proceeding. Both the criminal and civil Orders of Protection ultimately have the same effect upon the respondent and can result in a much higher proba- bility of arrest and prosecution for violations of the Order of Protection.
The Circuit Court of Cook County will grant a Petition for
Emergency Order of Protection if the petitioner testifies to the court and presents enough evidence to convince the judge that the petitioner was abused by a family member or significant other, even if the responding party has not been given notice and is not present in court at the time to assert a defense. If the court grants the Peti- tion for Emergency Order of Protection, it will issue the order and continue the case for 21 days for the respon- dent to be served. If the respondent is not served during the initial 21-day period, the court will extend the Emergency Order of Protection another 21 days and will continue to do so until the respondent is served or otherwise files his or her ap-
pearance.
From then, the court will continue to extend the Emergency
Order until a hearing is held on the merits. If, at the conclusion of the hearing, the court finds the petitioner’s evidence cred- ible, it can issue a Plenary Order of Protection for up to two years, which can also be renewable in some instances.
Among the remedies available to petitioners requesting Orders of Protection are: prohibiting the respondent from communication with the petitioner by any and all means; specifically prohibiting physical abuse, threats, harassment, intimidation and interference with personal liberty, or will- ful deprivation; barring the respondent from entering or re- maining in any shared residence, no matter whether or not
TIM GRACE
The Law Firm of Grace & Thompson Specializes in Representing Chicago Police Officers
James E. Thompson, Partner JThompson@ggtlegal.com
Timothy M. Grace, Partner connorgrace@aol.com
We pride ourselves in maintaining a small-firm feel by treating each case with care and consideration.
Seasoned trial attorneys representing Chicago Police Officers in matters before the Chicago Police Board, Internal Affairs, COPA, Inspector General, and Civil and Criminal Courts.
The Law Firm of Grace & Thompson also provides professional legal services in other areas:
• Personal Injury
• Divorce
• Criminal and Civil Defense Litigation
Contact us today for a free consultation! 312-943-0600 • GGTlegal.com
311 W. Superior Street, Suite 215 • Chicago, IL 60654
20 CHICAGO LODGE 7 ■ SEPTEMBER 2021