Qualifications for Obtaining an Order of Protection in Kankakee County, Illinois
- Orders of protection help keep victims of domestic violence safe.gewalt image by Jens Klingebiel from Fotolia.com
Judges issue orders of protection to protect victims of harassment and abuse from further harm by an aggressor. In Kankakee County, Illinois, orders of protection are specifically designed to keep victims of domestic violence from being hurt by someone from whom they are in danger of current, ongoing harm. The qualifications for an order of protection are defined by the Illinois Domestic Violence Act of 1986. - The Illinois Domestic Violence Act of 1986 specifies that certain people are qualified to receive an order of protection. This includes: anyone who is being, or has been abused, by a "family or household member;" a high-risk disabled adult who suffers abuse, neglect, or exploitation at the hands of a family or household member; a minor child or dependent adult who is being abused; and abused residents of private homes or public shelters.
The petition may be filed by an abused person,or on behalf of an abused minor child or dependent adult. However, a petitioner may request that their own order of protection's terms be extended to cover other persons, such as a minor child. - To qualify for an order of protection in Kankakee County, Illinois, you must be the victim of domestic violence, which means that the perpetrator of the abuse was a "family or household member." This includes a lengthy list of family members, roommates and intimate partners. "Family members" includes current and former spouses, parents and children, and anyone else related by blood or marriage. Roommates include anyone who currently or in the past shared a domicile. Intimate relationships include people who actually or allegedly share a child in common, or who have dated or are engaged.
In addition, domestic violence includes abuse by the personal assistant, caregiver, or anyone who has assumed the care-taking responsibility for a disabled person
Abuse in a relationship of "casual acquaintanceship and ordinary fraternization" in business or social contexts do not qualify as domestic violence. - Another pivotal qualification for an order of protection in Illinois is the presence of "abuse"--the definition of domestic violence under Illinois law--in a relationship.
Abuse includes the following: physical abuse, harassment, intimidation, interference with liberty or willful deprivation.
"Harassment" is intentional, unnecessary conduct which causes emotional distress to the petitioner. Such conduct might include repeated, unwelcome contact at home, work or school; following or surveillance; creating a disturbance; threats of physical violence; and concealing the petitioner's child.
"Interference with personal liberty" includes actual or threatened abusive actions which keep the petitioner form doing something he has the right do do.
"Neglect" is the failure to reasonably care for a high risk adult, including in common necessities of hygiene, food and shelter; failure to provide medical care; and not creating a safe environment.
"Physical abuse" includes sexual abuse, reckless force, sleep deprivation and creating the risk of physical harm.
