What is an Order of Protection in Illinois?

 Posted on July 08, 2021 in Orders of Protection

If you are in an abusive relationship and are ready to end it, you may worry that taking steps to end the relationship will make the abuse worse. You may feel stuck in a cycle of fear, intimidation, and even violence. Research shows that many, if not most, injuries in domestic relationships occur when the victim attempts to leave the relationship. 

Fortunately, Illinois law provides protection for victims of domestic abuse in the form of an Order of Protection. An Order of Protection can force your abuser to move out of your home and prohibit contact between you and your children. Listed below are the three types of Order of Protection in Illinois.

Emergency Order of Protection

Illinois law allows an Emergency Order of Protection (EOP) to be granted even when the subject – in this case, the abusive partner – is not present or even aware of the order. This kind of order is most often used when the immediate safety of a victim is at risk.  

An EOP is a court order that prohibits the subject from threatening, abusing, harassing, or even contacting the victim of the abuse. An EOP can also prohibit the subject from coming within a certain distance of the victim, their children, and their workplace, home, or school. Generally, an EOP can be granted the same day you file and lasts 14-21 days. 

Interim Order of Protection

If your safety is not at immediate risk, you may file for an Order of Protection and be granted an Interim Order. This grants some protection for the person filing the Order of Protection before a court hearing has taken place to determine whether the Order of Protection has long-term merit. Unlike an EOP, the subject of an Interim Order must be notified and given the opportunity to appear in court. 

Plenary Order of Protection

A Plenary Order of Protection is issued after a court hearing on the case has taken place, the subject of the order has had an opportunity to appear in court, and the court has sided with the victim. 

Plenary Orders are the most effective types of orders since they can last the longest (usually up to two years) and have the widest options in terms of remedies. 

What Happens if an Order of Protection is Violated? 

If you obtain an Order of Protection and your abuser violates the terms of the order, he or she can be immediately arrested and face criminal charges. Any violation of an Order of Protection can provide a valuable record of abuse that may be useful when a court is making decisions about child custody and visitation rights. 

Contact a Kane County Divorce Attorney

If you are in a relationship with an abusive partner, planning and preparation are an important part of maintaining your health and safety. The [[title]], can help you obtain an Order of Protection and will navigate your case with compassion and skill. Take the next step with the help of a Batavia, Illinois divorce attorney, and call our office at 630-879-9090 to get a free and confidential consultation today. 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html