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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 advocate who will assist the caller with
his/her immediate needs. The advocate is available to answer
questions or simply to provide supportive listening. The
advocate 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
LEGAL ASSISTANCE
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 accompany women
to 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 legal assistance or has
questions about the legal system, please call Neopolitan
Lighthouse at (773) 638-0228 .
WHAT IS AN ORDER OF PROTECTION?
An order of protection is a legal injunction or court order
prohibiting your abuser from any further contact or abuse. An
order of protection (OP) is very useful 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
· 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 drivers 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 is
555 W. Harrison 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 issues only after the abuser has been served with the
Petition and Emergency Order of Protection. This is a temporary
order 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 render 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