Orders of Protection for Illinois’ Domestic Violence Victims

 Posted on May 12, 2017 in Family Law

When domestic violence victims leave an abusive relationship, they often need protection from their abusers. An order of protection can meet this need, but only if the victim knows which one to pursue. The following information explains the three types of orders of protection in Illinois and offers some insight on where to find assistance while navigating the legal process.

Why Pursue an Order of Protection?

At first glance, an order of protection might seem silly, like nothing more than a piece of paper. However, it does offer some significant benefits to victims. First, it can serve as a form of documentation in a family law case; this may be crucial in situations involving divorce and child-related matters. Second, it gives victims the right to call the police if their abuser violates the order in any way, shape, or form. This includes:

• Calling the victim at home or work,
• Showing up at the victim’s home,
• Showing up at the victim’s place of employment,
• Following the victim to the store, and
• Coming within a certain distance of the victim.
• Emergency Orders of Protection

Emergency orders of protection are designed to protect victims that are in immediate danger. They can be issued the same day they are requested and typically cover victims from 14 to 21 days after they are granted. Abusers are not notified beforehand, which gives the victim freedom to seek the order without worry of retaliation from their abuser.

Interim Orders of Protection

Unlike emergency orders, interim orders of protection give abusers the chance to defend themselves in court. As such, these orders are not typically issued until after the abuser has been served. However, if there have been several attempts to serve the abuser and all have been unsuccessful, the judge may issue the order. Interim orders generally cover the victim for up to 30 days after they are granted.

Plenary Orders of Protection

Plenary orders can only be issued after law enforcement has served the abuser. This requirement is due to the extended period for which they are issued (up to two years). Such orders can also be set to expire after a certain event has taken place. For example, the order may be set to expire once a divorce has been finalized. In special situations, the judge may extend the order of protection to extend past the two-year limit, but this is rare. However, there is no limit on the number of times a victim may renew their order.

Contact Our DuPage County Family Law Attorneys

At Mevorah & Giglio Law Offices, we fight for the rights, safety, and best interest of domestic violence victims. We can represent you so that you can focus less on the complexities of navigating the legal process and more on starting over. Schedule your free consultation with our DuPage County family law attorneys by calling 630-932-9100.

Sources:

https://dojmt.gov/wp-content/easyblog_images/easyblog_images/OVS-Getting-an-Order-of-Protection.pdf

http://www.cookcountyclerkofcourt.org/?section=SERVRESPage&SERVRESPage=order_prot