Orders of Protection Attorneys in Huntley, IL

Northern Illinois Families Have Trusted Us Since 1998

Contentious domestic relations matters, such as divorce and paternity, can involve a component of domestic violence. When they do, criminal charges often follow. Three of the most frequent are domestic battery, unlawful interference with the reporting of domestic violence, and violation of an order of protection. These charges are generally Class A misdemeanors punishable by up to one year in county jail and/or a fine not exceeding $2,500, though in some circumstances charges may be enhanced to the felony level.

Brody Brandner, Ltd. has handled orders of protection as part of a concentrated family law practice serving northern Illinois since 1998. Because protective orders frequently arise within divorce, paternity, and custody proceedings, our attorneys understand how an order of protection interacts with those parallel matters, not just as a standalone filing. We serve clients throughout McHenry, Kane, and Lake Counties and the surrounding areas from our Huntley office.

Contact Brody Brandner, Ltd. or call (815) 374-7783 for a free consultation to discuss your order of protection in Huntley, IL.

Domestic Violence, Orders of Protection & Other Protective Orders

Orders of protection and protective orders, sometimes called “restraining orders,” are available to survivors of violence, stalking, or abuse. Illinois law recognizes four distinct types, and the right one depends on the relationship between the parties and the nature of the conduct involved.

There are four types of orders of protection and other protective orders:

• An order of protection protects a victim of abuse from their abuser, but only when the abuser is a family or household member.
• A stalking no contact order protects a victim of stalking from their stalker when no qualifying domestic relationship exists.
• A civil no contact order protects a victim of non-consensual sexual contact or penetration from their perpetrator.
• A firearms restraining order prohibits a person who poses a danger to themselves or others from purchasing, possessing, or receiving a firearm, and can only be sought by a family member or law enforcement officer.

A person cannot obtain a stalking no contact order or a civil no contact order against someone who qualifies as a family or household member. Because stalking and non-consensual sexual contact are both forms of abuse under Illinois law, an order of protection is the required remedy in those situations.

What Does a Protective Order Do?

Most protective orders, other than a firearms restraining order, can require the perpetrator to stay away from the victim and the victim’s home, prohibit any contact, and require a school transfer when both parties are minors attending the same school. Stalking no contact orders and orders of protection may also prohibit the perpetrator from possessing a FOID card or purchasing and owning firearms, and may allow the court to issue a warrant for seizure of the perpetrator’s firearms.

Orders of protection can go further: they may grant exclusive possession of a shared residence, address custody and visitation with children, and govern access to and possession of property. An order of protection doesn’t divide property or determine final ownership; it governs possession during the order’s effective period only. Similarly, it can’t create a permanent modification of custody or visitation. Unless a parent separately petitions for a permanent modification while the order is in effect, custody and visitation terms revert upon expiration.

Firearms restraining orders are narrower. They prohibit a person from purchasing, possessing, or receiving a firearm and additionally require surrender of a concealed carry license. Unlike a standard seizure warrant, which is limited to a specific location, a firearms restraining order authorizes a search warrant that allows law enforcement to search multiple locations for firearms.

How to Get a Protective Order in Illinois

A protective order begins with filing a petition with the court. Illinois recognizes three stages: emergency, interim, and plenary (final). Emergency orders may be obtained ex parte, meaning without prior notice to the other party, when an emergency exists. The court may find an emergency exists when advance notice would make further harm likely. Most emergency orders last up to 21 days. Emergency firearms restraining orders are an exception and last up to 14 days; the court may grant one when a person poses an immediate and present danger by purchasing, possessing, or receiving a firearm.

After a full hearing where both sides are heard, a plenary order may be entered for up to two years. Firearms restraining orders at the plenary stage last between six months and one year, with the duration set by the court. A plenary order can’t be issued until the respondent has been formally notified of the pending petition. Violating any type of protective order may result in criminal prosecution. McHenry County hearings are held in Woodstock, the seat of McHenry County courts.

Our attorneys assist clients with protective order petitions, hearing representation, and navigating each stage of the process in McHenry, Kane, and Lake Counties. Call us at (815) 374-7783 to schedule a free consultation and discuss which type of order may apply to your situation.

Orders of Protection Under the Illinois Domestic Violence Act

The Illinois Domestic Violence Act allows a victim of abuse to obtain an order of protection against a family or household member.

What Qualifies as Abuse

Abuse includes:

• Physical abuse (including sexual abuse)
• Harassment
• Interference with personal liberty
• Intimidation of a dependent
• Willful deprivation

Who Qualifies as a Family or Household Member

Family or household members include people related by blood, related by present or prior marriage (including step-siblings and in-laws), those who share a child in common, those who have had a dating or engagement relationship, and those who share or have shared a common dwelling.

Remedies & Limitations

An order of protection may require the abuser to stay away from the victim and can grant exclusive possession of a shared residence, address custody and visitation with children, and govern access to and possession of property. It doesn’t divide property or determine final ownership, and it can’t create a permanent modification of custody or visitation. Unless a parent separately petitions for a permanent modification during the order’s effective period, custody and visitation terms revert upon expiration. An order of protection can also prohibit the abuser from possessing a FOID card or firearms and permits the court to enter a warrant for seizure of the abuser’s firearms.

Stalking No Contact Orders Under the Illinois Stalking No Contact Order Act

The Illinois Stalking No Contact Order Act allows a victim of stalking to obtain a stalking no contact order against their stalker. The act defines stalking as a course of conduct directed at a specific person that the stalker knows or should know would cause a reasonable person to fear for the safety of themselves, their workplace, their school, their place of worship, or a third party, or would cause a reasonable person to suffer emotional distress.

Behavior qualifies as a course of conduct when there are two or more acts in which a person follows, monitors, observes, surveils, or threatens another person, workplace, school, or place of worship, engages in other contact, or interferes with or damages a person’s property or pet. A course of conduct includes actions carried out directly, indirectly, or through third parties, by any action, method, device, or means, including contact via electronic communication. A stalking no contact order can prohibit the stalker from possessing a FOID card or firearms and permits the court to enter a warrant for seizure of the stalker’s firearms.

Civil No Contact Orders Under the Illinois Civil No Contact Order Act

The Illinois Civil No Contact Order Act allows a victim of non-consensual sexual conduct or non-consensual sexual penetration to obtain a civil no contact order against their perpetrator. The act defines sexual conduct as any intentional or knowing touching or fondling by either person of the sex organs, anus, or breast of either person, or the intentional or knowing touching or fondling of any part of the body of a child under 13 years of age, for the purpose of sexual gratification or arousal of either person, whether directly or indirectly through clothing, including any transfer or transmission of semen by the perpetrator upon any part of the clothed or unclothed body of the victim. Sexual penetration is any contact or intrusion, however slight, between the sex organ or anus of one person by any object or animal, or the sex organ, mouth, or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration.

Illinois Firearms Restraining Orders

The Illinois Firearms Restraining Order Act allows a family member or law enforcement officer to obtain a firearms restraining order against a person who poses a significant danger of causing personal injury to themselves or another in the near future by having in their custody or control, purchasing, possessing, or receiving a firearm.

Who May Petition & Notice Requirements

Under this act, “family member” means a spouse, parent, child, or step-child, any other person related by blood or present marriage, or a person who shares a common dwelling. A petitioner for a firearms restraining order must make a good-faith effort to notify any and all intimate partners of the respondent. That notice must state that the petitioner intends to seek a 6-month firearms restraining order and/or an emergency firearms restraining order, as applicable. “Intimate partner” means a spouse, former spouse, a person with a child in common, or a person in a dating or engagement relationship.

Seizure Warrants vs. Search Warrants

A firearms restraining order requires a person to surrender their concealed carry license and authorizes the court to issue a search warrant for firearms at the person’s residence and other locations. This is a meaningful distinction from a standard seizure warrant: a seizure warrant only allows law enforcement to look for firearms at one specific location, and the search ends there if none are found. A search warrant issued under a firearms restraining order allows law enforcement to continue searching other locations.

Why Clients in McHenry County Choose Brody Brandner, Ltd.

Protective orders rarely exist in isolation. An order affecting residence possession, property access, or custody can directly shape how a divorce or paternity case unfolds. Our attorneys have handled these intersections since 1998, and because they hold backgrounds as certified accountants, they bring a financial perspective to questions that other attorneys may treat as purely procedural. When an order of protection grants exclusive possession of a shared residence or restricts access to joint assets during a proceeding, those decisions carry financial consequences that matter to your case.

Our approach balances aggressive tactics with strategic restraint. We assess what may achieve your goals and act accordingly, whether that calls for immediate firm action or a more measured strategy. We concentrate our practice on family and financial matters, which means our protective order clients work with attorneys who understand how these proceedings connect to divorce, custody, and support matters from the start. Representation is tailored to each client’s specific situation, and free consultations are available to help you understand your options before committing to a course of action.

If you or a loved one is facing a situation that requires legal intervention, don’t hesitate to reach out. Contact Brody Brandner, Ltd. online today or call us at (815) 374-7783 for a free confidential consultation to discuss your situation.