What Do I Need to Prove to Get an Order of Protection?

 Posted on September 23, 2024 in Family Law

Getting an Order of Protection can help keep you and your children safe from an abuser. When you have a protection order in place, you do not need to wait for your abuser to commit another crime against you to call the police. Because an Illinois Order of Protection can bar the abuser from going to your home, workplace, or children’s schools, you can call the police as soon as you see him or her in one of these locations, even if he is not doing anything that would normally be considered a crime. The police can arrest your abuser just for being in a location where he or she is not supposed to be present. To get the order, you will need to prove that you have been abused by the person you are seeking protection from. A Lisle, IL family law attorney can help you prepare the evidence you will need.

The Standard of Proof for an Order of Protection 

To get a civil protection order, you only need to prove by a preponderance of the evidence that the abuse you are alleging occurred. This means that you only need to convince the court that it is more than 50 percent likely that the respondent abused you. You do not need incredibly strong evidence like a neutral witness or a video of the respondent threatening you. Your attorney can help you gather any evidence you do have, like pictures of bruising on your body or damage to property caused by the abuser throwing something at you. In many cases, your testimony is enough.

You Will Need Proof That the Respondent Abused You 

You will need to show the court that the respondent hurt you or made you fear that he or she was going to hurt you. Proving that any act of domestic violence took place is normally enough. You do not need to have suffered injuries that were serious enough to leave an obvious mark or to require medical treatment. If the respondent pushed you or unlawfully restrained you, such as by grabbing your arm to keep you from walking away, this is an act of domestic violence.

You can also show that the respondent put you in fear of bodily harm. For example, if he or she threatened to kill you if you left or waved a weapon at you without actually touching you, this would count.

Contact a Lisle, IL Orders of Protection Lawyer 

SpyratosDavis LLC is committed to helping survivors of domestic violence find safety. Our experienced DuPage County, IL protection order attorneys will help you gather the evidence you need to prove that you have been abused and need protection. We can also help you make a clean break from your abuser through divorce. Contact us at 630-810-8881 for a confidential consultation.