If you or someone you know is involved in an Illinois protection order case, understanding the difference between emergency and interim orders is crucial. Both serve to protect individuals from harm, but they function at different stages of the legal process and carry different timelines and requirements.
At Hirsch Law Group, we represent clients on both sides of protection order cases: those seeking safety and those defending against unfair or exaggerated claims. Here’s what you should know about how these orders work.
What Is an Emergency Order of Protection?
An Emergency Order of Protection (EOP) is the first level of court protection available in Illinois. It can be issued without the accused person (the respondent) being present, meaning the judge only hears from the person requesting protection (the petitioner).
Because of its urgency, the petitioner must show immediate danger or harm if the order isn’t granted.
Emergency orders can:
- Prohibit contact between the parties
- Require the respondent to stay away from the home, workplace, or school
- Temporarily grant custody or limit parenting time
- Restrict communication through calls, texts, or social media
An EOP usually lasts up to 21 days, giving the court time to schedule a full hearing where both sides can be heard.
What Is an Interim Order of Protection?
An Interim Order of Protection (IOP) comes next. It bridges the gap between the emergency stage and the final plenary order (which can last up to two years).
Unlike an emergency order, an interim order requires that the respondent has been notified and given a chance to appear in court. These orders often extend protection when a hearing on the plenary order can’t be completed yet, for example, if the case is delayed or ongoing.
Interim orders can last up to 30 days or until the next scheduled hearing. They often continue the same restrictions from the emergency order, but ensure legal coverage doesn’t lapse in the meantime.
Key Differences Between Emergency and Interim Orders
| Feature | Emergency Order | Interim Order |
| Issued Without Notice? | Yes – the respondent may not be notified beforehand | No – the respondent must be notified or served |
| Duration | Up to 21 days | Up to 30 days |
| Evidence Required | Immediate danger to the petitioner | Continuing threat or pending plenary hearing |
| Respondent Present? | Not required | Usually required |
| Next Step | Interim or Plenary Order | Plenary Order |
How These Orders Affect You
Even short-term orders can carry major consequences. An emergency or interim order can:
- Restrict contact with family members
- Force you to leave your home
- Affect your ability to see your children
- Appear in background checks or police databases
Violating either type of order, even unintentionally, can lead to criminal charges. That’s why it’s vital to understand exactly what your order says and what it prohibits.
How a Defense Attorney Can Help
An experienced defense attorney can:
- Review how the order was obtained and whether proper notice was given
- Represent you at interim or plenary hearings
- Request modifications if the order was issued unfairly or restricts necessary contact
- Protect your rights in related criminal or family law matters
At Hirsch Law Group, our attorneys are experienced in challenging improper orders and helping clients protect their rights while maintaining compliance with court restrictions.
Protect Your Rights Before the Hearing
If you’ve been served with an emergency or interim order of protection, don’t wait until your next court date to get help. The actions you take now can shape the outcome of your case.
Call Hirsch Law Group at (815) 473-3672 or contact us online for a confidential consultation.
Frequently Asked Questions
1. Can I be arrested without knowing an order was filed against me?
Yes. Emergency orders can be issued without your presence or prior notice, and you may only learn about it when served by law enforcement.
2. What happens after an emergency order expires?
The court will usually schedule a hearing to decide if an interim or plenary order should replace it.
3. Do I get to defend myself before an interim order is issued?
Yes. The respondent must be notified and allowed to appear before an interim order can be granted.
4. What’s the difference between interim and plenary orders?
Interim orders last up to 30 days and are temporary. Plenary orders, issued after a full hearing, can last up to two years.
5. Can a protection order affect my job or housing?
Yes. Active orders may appear on background checks, which can impact employment or rental applications.
6. Should I talk to the petitioner during the process?
No. Any contact could be seen as a violation, even if it’s friendly or accidental. Always communicate through your attorney.