Does there need to be a threat of physical harm in order to be granted an order of protection?

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In order to be granted an order of protection in Illinois, does there need to be a threat of physical harm? Can one be granted based on text messages alone (non-threatening ones)?

Asked 11/16/2009 under Criminal Defense | 281 View(s) | More Legal Topics

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Criminal Defense Law Answers

Protective orders are generally granted when the court determines that the applicant is in phycal danger and there is a need to prevent a person from having contact with the applicant.  the element that the threat be phycial is not necessarily required.  some court will impose a protective order based on letters, emails, phone messages, etc. where the message is harassing and may lead to some type of mental or emotional harm.  I would need to know exactly what the text messages say.  you may want to go to the police and explain that the message is harassing.  you may be able to get the person arrested and a protective order.  go to the police.  all they can do is say they wont do anything.

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