Order of Protection

Order of Protection Attorney

It is unfortunate, but there are men and women who suffer abuse from their significant other and if this happens, there are three different orders of protection that the law offers for them. The victims of abuse can look to obtain emergency protection orders, interim protection orders or plenary protection orders. The three different types of orders provide the victim with protection at different phases, so the abuser will be unable to contact the victim until they are at the hearing before a judge.

Domestic violence, in Illinois, may constitute any of the following:

- Harassment

- Repeated phone calls, emails or text messages

- Following the victim

- Causing issues at the victim’s school or place of work

- Repeatedly surveilling the victim

- Interfering with personal liberty

- Actively committing or threatening intimidation, harassment or physical abuse

- Intimidating dependents

- Forcing the victim to watch or participate in the abuser’s physical abuse

- Physical abuse

- Sexual abuse

- Using physical force, restraints or confinement

- Willfully depriving someone of their needs

- Withholding food, water, money, shelter or medication

Types of Protection Orders

The three different types of protection orders that you can get in Illinois are emergency, interim and plenary orders of protection. A victim is able to seek an emergency order at any time and the judge is able to hear the case without having the abuser present. In this situation, the victim will need to convince the judge that harm will come to them if the abuser is notified of the victim’s intent to obtain an order of protection. An emergency protection order can last for 14-21 days.

Once an emergency order of protection is finished, interim protection orders can be put into place for the time that the emergency order has ended and when the hearing is scheduled for. For this type of order, the victim has to notify the abuser and their attorney and they have a chance to make an initial court appearance before the full hearing. An interim protection order can last for up to 30 days.

Before the victim can get a plenary protection order, the victim and the alleged abuser must first have a full court hearing. The alleged victim and the alleged abuser will both have a chance to testify at the hearing and present any evidence they have. If a plenary order of protection is granted, it will last up to 2 years. Plenary orders of protection can be renewed as many times as they feel is necessary.