What is an order of protection?

David Siegel: Hello. Welcome to Legal Action. My name is David Siegel. Today we’re going to be talking about Orders of Protection, especially related to divorce and family law cases in Joliet. I want to welcome my co-host, Jesse Barrientes. Jesse, how are you today?

Jesse Barrientes: Oh, pretty good, Dave. How about yourself?

David Siegel: Great. Thanks for being here once again. Jesse, orders of protection. This is something that goes on quite a bit, either with or without a divorce case. What’s the general idea behind orders of protection?

Jesse Barrientes: Orders of protection are meant to be able to prevent domestic violence. A lot of times people are in an abusive situation with either a family member or a boyfriend, or sometimes it’s a situation where there’s a disabled adult and they’re being abused, so it covers a whole bunch of different kinds of things. The whole objective is to provide the relief necessary so that the person doesn’t have to go through that troubling time.

David Siegel: Now, some people get an order of protection after there’s been an incident and sometimes there’s an order of protect preceding an incident, to try and prevent one. What do you see more – either after or before there’s been an actual violent event?

Jesse Barrientes: Well, it doesn’t necessarily have to be a violent event. There are all different kinds of things, and a lot of times there has to be some kind of a history. Something had to have happened, whether or not somebody has called somebody – say, maybe a husband has told a wife, “Hey, listen. I’m going to come and I’m going to grab the kids and I’m going to pull them out of your hands,” or “I’m going to go get my gun,” or something like that. If the other spouse or other individual – that would be the petitioner who’s trying to get an order of protection – is really fearful that that’s going to happen, and especially if there is a past history of physical violence or other incidents that are similar, then it makes it more likely they can get it.

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