3 Types of Orders of Protection in Illinois
In Illinois, victims of abuse, harassment, or threats can seek legal protection through an order of protection. These court-issued directives are designed to prevent further harm and establish clear legal boundaries between the petitioner (the person seeking protection) and the respondent (the accused individual). Generally speaking, there are three types of orders of protection in Illinois.
1. Emergency Order of Protection (EOP)
An Emergency Order of Protection is issued quickly when someone needs immediate safety, for example, if a partner is threatening or has committed violent domestic abuse. A judge can grant this type of order without notifying the accused person (known as an ex parte hearing). Because of the urgency involved, the judge only hears from the petitioner.
Emergency orders may include provisions that:
- Prohibit the respondent from contacting or approaching the petitioner
- Remove the respondent from a shared home or residence
- Prevent the respondent from visiting a certain place, like a petitioner’s school or workplace
These orders are temporary. An EOP typically lasts between 14 and 21 days. Before the order expires, the court will schedule a full hearing to determine whether a longer-term order is needed. Emergency orders are crucial in situations where notifying the accused could put the petitioner in immediate danger.
2. Interim Order of Protection
An Interim Order of Protection is granted when a longer-term order is needed but a full court hearing has not yet taken place. It acts as a bridge between the emergency order and a plenary (long-term) order.
To receive an interim order, the respondent must have been notified or have made a court appearance. This means interim orders require some level of due process.
Provisions in an interim order can:
- Extend or modify the protections in the initial emergency order
- Remain in place until a plenary hearing can be scheduled
- Address ongoing safety concerns based on new information or violations
These orders are useful for maintaining protection without a lapse, especially when court scheduling delays occur. An interim order can remain in effect for up to 30 days or until the plenary hearing occurs.
3. Plenary Order of Protection
A Plenary Order of Protection is the most comprehensive and long-lasting of the three types. It is issued after both parties have had the opportunity to present evidence in court.
Plenary orders can last up to two years and may include broad protections, such as:
- Prohibiting contact or communication between the respondent and the petitioner
- Awarding temporary custody of children
- Ordering the respondent to attend counseling or relinquish firearms
- Preventing the respondent from coming near specific locations
Because plenary orders result from a full hearing, they offer the most complete and enforceable legal remedies. Violating a plenary order can lead to arrest, fines, or even jail time.
How to Obtain an Order of Protection in Illinois
Filing for an order of protection can be done at the county courthouse, and some counties allow electronic filings.
Individuals may file:
- On their own behalf
- On behalf of a minor child or dependent
- Through an advocate or legal representative
You will need to complete a petition detailing the relationship with the respondent, the nature of the abuse or threats, and what type of protection you are seeking. A judge will review the petition and may issue an emergency order the same day.
Who Qualifies for an Order of Protection?
Illinois law requires a specific relationship between the petitioner and respondent to qualify for an order of protection.
Eligible relationships include:
- Current or former spouses
- Individuals who share or shared a residence
- Parents and children
- People related by blood or marriage
- Individuals who share a child
- Dating or romantic partners
In cases where this relationship does not exist, petitioners may instead request a Stalking No Contact Order or a Civil No Contact Order, depending on the nature of the situation.
Violating an Order of Protection
All three types of protective orders are legally binding.
If a respondent violates any terms, such as by contacting the petitioner, entering a prohibited area, or refusing to surrender weapons, they may face serious consequences, including:
- Arrest
- Criminal charges
- Contempt of court penalties
Law enforcement agencies in Illinois are authorized to arrest individuals suspected of violating protective orders even without a warrant.
Understanding Your Options for Orders of Protection in Illinois
If you are facing threats, harassment, or abuse in Illinois, understanding the different types of protective orders is a crucial first step toward securing your safety. Emergency, interim, and plenary orders each serve a specific purpose within the legal system. Taking action quickly and seeking legal support can help you navigate the process and protect yourself or your loved ones from further harm.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
To learn more and get the help you deserve, call our family lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
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