What Are the Different Types of Orders of Protection?

 Posted on January 31, 2014 in Domestic Violence

In Illinois, and any other state for that matter, victims of domestic abuse and violence may seek safety through what is called an Order of Protection. An Order of Protection is a legal court document, signed by a judge, that explicitly orders one individual (the abuser) to stay away from or to stop a certain behavior toward another individual (the victim.) The person who files for the order is referred to as the “petitioner”, while the person against which the order has been filed is known as the “respondent.” If the respondent fails to adhere to the rules listed in the Order of Protection, they will very likely be arrested. There are three different types of Orders of Protection, the first and least temporary one known as an Emergency Order of Protection. These are typically granted right away so as to stop abuse as soon as possible and only last for 14 to 21 days. If the petitioner wishes to have the abuser removed from the shared home, the judge must believe that the immediate danger of abuse is greater than the hardship to the abuser of being spontaneously removed from his or her home. The second type of Order is called an Interim Order of Protection. These orders last up to 30 days, a bit longer than the emergency orders. These are granted by a judge while waiting for something else to happen-typically a hearing or a trial. You do not need to have a full court hearing to be granted an interim order, the abuser is required to make an initial appearance before the court or have been notified of the date of the hearing. Interim orders are typically used to cover the time between your emergency order’s termination and the full court hearing for a longer-lasting plenary order. The third and most permanent Order of Protection is the Plenary order. These are only granted after a full court hearing in which both the abuser and victim have a chance to present evidence. They may last for up to two years and may be renewed as many times as you wish. If you or someone you know has a question about obtaining an Order of Protection, feel free to contact an experienced Illinois family law attorney to assist you.