Whether seeking protection or defending against allegations, these cases require immediate attention. Lafata Law’s attorneys have handled orders of protection from both sides of the courtroom.
When a relationship turns threatening—or when allegations surface unexpectedly—an order of protection becomes a pressing legal reality. These cases move fast, carry significant consequences, and require an attorney who understands both sides of the courtroom. The attorneys at Lafata Law handled orders of protection cases as DuPage County prosecutors before entering private practice. That background informs how they now represent clients in Wheaton and throughout the western suburbs, whether seeking a protective order or defending against one.
An order of protection is a court order that restricts one person’s conduct toward another to prevent abuse, harassment, or other harmful behavior. Under Illinois law, a court may issue an order of protection when the petitioner demonstrates that a family or household member has committed abuse. The Illinois Domestic Violence Act of 1986 governs these proceedings and provides specific remedies, procedures, and timeframes that apply in DuPage County courts. Unlike informal arrangements or verbal agreements, an order of protection carries legal consequences, including potential criminal charges for violations.
Illinois law defines specific categories of individuals who may file a petition. Under 750 ILCS 60/201, a person abused by a family or household member may seek protection directly. The statute also permits filing on behalf of a minor child or an adult who cannot file due to age, health, disability, or inaccessibility.
Additional protected categories include:
The statute ensures that a petition cannot be denied solely because either the petitioner or respondent is incarcerated at the time of filing. 750 ILCS 60/201(b).
Illinois recognizes three types of orders, each with different requirements and durations. 750 ILCS 60/220 establishes the following framework:
Emergency orders of protection may be issued without prior notice to the respondent when immediate protection is necessary. These orders remain effective for not less than 14 nor more than 21 days.
Interim orders of protection provide short-term relief while a case proceeds. An interim order may remain effective for up to 30 days.
Plenary orders of protection are issued after a full hearing where both parties have the opportunity to present evidence. A plenary order may remain in effect for a fixed period not exceeding two years. Upon good cause shown, the court may extend a plenary order to remain in effect until vacated or modified.
To discuss your situation with an experienced trial attorney, contact Lafata Law for a confidential consultation.
The remedies available under an order of protection are extensive. 750 ILCS 60/214 authorizes the court to include multiple forms of relief tailored to the circumstances of each case.
Prohibition of abuse. The court may prohibit harassment, interference with personal liberty, intimidation, physical abuse, stalking, and willful deprivation.
Stay away and no-contact provisions. The court may order the respondent to stay away from the petitioner, the petitioner’s residence, school, workplace, or other specified locations.
Exclusive possession of residence. Even if the respondent owns or leases the property, the court may grant the petitioner exclusive possession when the petitioner has a right to occupancy. The court balances the hardships to each party in making this determination.
Child-related provisions. The court may grant physical care and possession of a minor child to the petitioner, allocate temporary decision-making responsibility, determine parenting time (including restrictions or supervision), and prohibit removal or concealment of the child.
Financial remedies. The court may order temporary support for the petitioner or children, payment for losses resulting from abuse (including medical expenses, lost earnings, and attorney’s fees), and reimbursement for shelter services.
Firearms restrictions. Under certain circumstances, the court may prohibit the respondent from possessing firearms and firearm parts and order surrender of any Firearm Owner’s Identification Card or Concealed Carry License. 750 ILCS 60/214(b)(14.5).
Protection of animals. The court may grant exclusive care, custody, or control of pets to the petitioner and order the respondent to stay away from the animals.
Additional relief. The court may require counseling, prohibit access to children’s records, transfer wireless telephone service to the petitioner, and enter other injunctive relief necessary to prevent further abuse.
A respondent has constitutional rights to notice and an opportunity to be heard before a plenary order may be entered. Emergency orders may issue without prior notice, but a hearing must follow. Defending against an order of protection requires strategic preparation and thorough understanding of what the statute permits—and what it prohibits as a basis for the order.
Under 750 ILCS 60/214(e), the court cannot deny a remedy based on certain evidence, including that the respondent was voluntarily intoxicated, that the petitioner left the home to avoid abuse, or that conduct by a family member excused the alleged abuse.
Defense strategies may focus on:
The attorneys at Lafata Law bring over 200 cases tried to verdict between them. Having prosecuted orders of protection in DuPage County, they understand how these cases are evaluated and what evidence carries weight with local judges.
Orders of protection often proceed on compressed timelines. Emergency orders can issue the same day a petition is filed. Hearings on plenary orders may be scheduled within weeks. There is little time to prepare, and the stakes—including where a person may live, access to children, and the right to possess firearms—are significant.
Courtroom experience matters because these cases turn on witness testimony, credibility assessments, and the effective presentation of facts under the statutory framework. The attorneys at Lafata Law have combined 20+ years of litigation experience. Their background as DuPage County prosecutors means they have handled these matters from the other side, providing perspective that informs their representation of both petitioners and respondents.
Whether seeking protection or contesting allegations, clients benefit from attorneys who are prepared for trial rather than attorneys who treat court as a last resort.
Take the Next Step
Orders of protection involve urgent deadlines and lasting consequences. Petitioners need to understand what relief is available and how to present their case effectively. Respondents need to know their rights and how to challenge allegations before a plenary order is entered. Lafata Law represents clients on both sides of these matters throughout DuPage County. Contact the firm to schedule a confidential consultation with an attorney who has direct experience in Wheaton courtrooms.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated based on its specific facts. Prior results do not guarantee similar outcomes. For advice regarding your situation, consult with a licensed attorney.
Whether you’re facing DUI charges, going through a divorce, or dealing with other legal matters, we’re here to help. Schedule your confidential consultation today. We respond the same day and maintain strict confidentiality.
