Orders of protection are serious legal tools used to prevent harassment, abuse, or threats. While emergency orders take effect quickly, they only last a short time. When longer protection is needed, the court can issue what’s called a plenary order of protection.
These extended orders can significantly affect where a person lives, their ability to see family, and even their employment. Understanding how long a plenary order lasts, and what happens before, during, and after, is important for anyone involved in the process.
At Hirsch Law Group, we represent clients throughout Illinois who are seeking or defending against orders of protection. Our attorneys guide clients through hearings, explain their options, and help protect their legal rights.
What Is a Plenary Order of Protection?
A plenary order of protection is the long-term version of a temporary order. It is typically issued after both sides have had the opportunity to appear in court and present evidence.
These orders are designed to provide continued protection after an emergency order of protection (EOP) expires. While an emergency order may be granted without the accused person present, a plenary order requires a full hearing with both parties.
Depending on the circumstances, a plenary order can include restrictions such as:
- No contact or communication with the protected party
- Restrictions on where the respondent can go (home, work, or school)
- Limitations on parenting time or visitation
- Surrendering firearms or a firearm owner’s identification (FOID) card
How Long Does a Plenary Order Last?
In Illinois, a plenary order of protection can last up to two years. However, the exact duration depends on the judge’s decision and the facts of the case.
Some important details:
- The order’s length is determined during the final hearing.
- Either party can return to court to request a modification or extension.
- Once granted, the order remains in effect until its expiration date unless a judge dissolves it sooner.
If the protected person still feels unsafe near the expiration date, they can petition to extend the order. The court will hold another hearing to determine whether an extension is necessary.
What Happens When a Plenary Order Expires?
When a plenary order expires, it no longer carries legal force. That means the restrictions, like no contact or stay-away provisions, are lifted.
However, if a new incident occurs, the protected person can file for another emergency order, starting the process again.
It’s important to note that the record of the order remains visible in court files and background checks, even after the order itself has ended. You can learn more about this in our post on whether an Illinois order of protection shows up on a background check.
Can a Plenary Order Be Extended or Changed?
Yes. Either party can ask the court to modify or extend the order before it expires. Common reasons include:
- Continued harassment or threats after the original order was issued
- Changed circumstances, such as new contact attempts or violations
- Mutual agreement between both parties to adjust the terms
The court reviews the request carefully and may hold another hearing. If the protected person can show that the threat still exists, the order may be extended for another two years.
If the order was issued unfairly, the respondent (the person accused) can also request to have it vacated or modified. An attorney can help gather evidence, challenge false claims, and file the necessary motions.
Violating a Plenary Order of Protection
Violating any order of protection, even accidentally, can have serious consequences. Under Illinois law, violation of an order of protection is a criminal offense that can lead to:
- Arrest and possible jail time
- Fines and probation
- Additional restrictions or loss of firearm rights
Even indirect violations, such as sending messages through a friend or social media, can count as contact. If you’re unsure about what your order allows, it’s safest to speak with an attorney before taking any action.
Why Legal Help Matters
Whether you’re seeking protection or defending against one, the outcome of a plenary order hearing can affect your home, your job, and your reputation. A skilled attorney can:
- Explain how long your order might last and what it covers
- Represent you at hearings to present evidence clearly and effectively
- File motions to extend, modify, or vacate the order when needed
- Protect your record from unnecessary or unfair long-term effects
At Hirsch Law Group, our attorneys have extensive experience in protection order and domestic violence cases. We help clients understand their options and take informed steps to protect their rights.
Protecting Your Future
A plenary order of protection can last up to two years in Illinois — but its impact may extend well beyond that. Whether you’re trying to renew, modify, or challenge an existing order, you don’t have to face it alone.
Contact Hirsch Law Group today at (815) 473-3672 or reach out online to schedule a confidential consultation.
Frequently Asked Questions
1. What is the difference between an emergency and a plenary order of protection?
An emergency order of protection (EOP) takes effect immediately but lasts only 14 to 21 days. A plenary order follows a court hearing and can last up to two years, offering longer-term protection.
2. Can a plenary order of protection be extended?
Yes. The protected person can request an extension before the order expires if the court finds continued risk or ongoing harassment. Each extension can last up to two additional years.
3. Does a plenary order show up on a background check?
It can. Even after expiration, court records of the order may still appear in public databases. The level of visibility depends on the type of background check being run.
4. Can I challenge or appeal a plenary order of protection?
Yes. If you believe the order was issued unfairly or based on false information, an attorney can help you file a motion to vacate or appeal the order through the Illinois court system.
5. What happens if someone violates a plenary order?
Violating an order of protection is a criminal offense in Illinois. Depending on the severity, it may result in arrest, fines, probation, or jail time — even for unintentional contact.
6. Do I need an attorney for an order of protection hearing?
Having an attorney is highly recommended. These hearings involve presenting evidence, witness testimony, and legal arguments that can significantly affect your record, custody, and future.