Understanding the Types of Orders of Protection in Illinois

What Is an Order of Protection?

A directive issued by the court, an order of protection is aimed at safeguarding individuals from abuse or threatening physical force and affecting another person’s personal liberty.

Issued by a judge, protection or restraining orders are a legal measure that ensures the safety of individuals who may be at risk from an alleged further abuse. The severity of domestic violence cases necessitates immediate judicial intervention.

Various types of orders exist in Illinois to cater to diverse situations:

  • Order of Protection: For physical harm or domestic abuse cases involving family or household members.

  • Civil No-Contact Order: For victims of sexual abuse or assault without any prior intimate or dating relationship with the respondent (the person who is alleged to be committing abuse).

  • Stalking No-Contact Order (SNCO): For dealing with stalking incidents.

Judges play a pivotal role in issuing these orders based on the petitioner’s request. A petition for an order of protection can be filed directly in court or with the assistance of local domestic violence programs.

Upon approval, the order obligates the respondent to cease harmful behavior immediately. Such orders may provide a safe environment by restricting the respondent’s contact with the petitioner (the person who is alleged to have been abused). It also bars them from sharing residences with the petitioner and prohibits further threats or physical abuse.

Did a criminal court issue a protective order against you? At Hirsch Law Group, we can assist with contesting unfairly issued orders of protection. Our team is dedicated to ensuring that legal processes are correctly followed and your rights are protected.

Types of Orders of Protection in Illinois

In Illinois, a variety of orders of protection are available to ensure the safety of individuals facing different threats. These legal tools are intended to prevent further harm from an abuser.

Emergency Orders of Protection

An Emergency Order of Protection (EOP) provides immediate protection to the petitioner from the respondent. The process begins with the filing of a verified petition with the Illinois courts.

A judge assesses the situation without prior notice to the respondent. This is known as an ex parte review. This ex parte nature is crucial for the alleged victim’s safety. Once approved, the EOP takes effect immediately.

The Emergency Order can restrict the respondent from contacting the petitioner, physically approaching them, or visiting their home, workplace, or other specified locations. These measures are supposed to provide quick relief and safety to the petitioner.

EOPs are temporary solutions designed to last a short period, typically up to 21 days. During this time, a full hearing is scheduled for a more permanent arrangement, such as a Plenary Order of Protection.

Alleged victims can file for an EOP outside regular court hours if there’s an urgent need. Petitions can be filed even during holidays and weekends, per the Administrative Office of the Illinois Courts.

The typical conditions imposed by an EOP include:

  • No Contact: The respondent is prohibited from contacting the petitioner.

  • Stay Away: The respondent must keep a certain distance from the petitioner.

  • Restricted Locations: The respondent cannot visit places frequented by the petitioner, like home or workplace.

  • Provisional Custody: Temporary custody of children can be granted to the petitioner.

Hiring order of protection lawyers may be your best option if you want to question the legality of a restraining order issued against you.

Interim Orders of Protection

An Interim Order of Protection is a temporary court order designed to protect the petitioner between the time of filing and the full hearing. Issued by a judge, this order provides short-term safety measures before the court issues a final decision.

Alleged victims of abuse or stalking may request an interim order. These orders address immediate safety concerns but do not require the respondent to be present at the initial hearing. The allegations presented by the petitioner often serve as the basis for issuing the order.

Typically, an interim order can last up to 30 days and can include various protections similar to those found in plenary orders. However, it does not cover counseling or child support payments unless the respondent has been personally served or has appeared in court.

Key restrictions in an interim order may encompass:

  • Preventing the respondent from entering the alleged victim’s residence.

  • Prohibiting any form of contact with the petitioner.

  • Enforcing a physical distance between the parties.

Understanding how to fight an order of protection in Illinois is crucial for respondents to protect their rights and interests.

Plenary Orders of Protection

A Plenary Order of Protection offers extensive and longer-term security measures for individuals who claim to be facing threats or harm. This court order lasts up to two years and provides comprehensive protections for the petitioner.

To obtain a plenary order, a court hearing is required. The judge reviews the evidence presented by both the petitioner and the respondent. The petitioner must notify the respondent about the hearing and the court date.

In cases of alleged domestic violence, stalking, or abuse by people having a blood relationship, a plenary order is often necessary. It requires more substantial proof compared to emergency orders but offers more robust protection mechanisms.

Petitioners may seek various remedies under plenary orders. These can include no-contact directives, exclusive possession of a shared residence, and restrictions on firearm possession.

Legal representation can be beneficial in this process. An experienced Illinois criminal defense lawyer can help navigate the legal complexities and present a compelling case to the court.

Who Can File a Petition for an Order of Protection in Illinois?

In Illinois, a variety of individuals can file a petition for an order of protection. This includes people who have been victims of domestic violence, stalking, unnecessary sleep deprivation, or sexual assault. Specifically, family or household members, such as spouses, children, or roommates, are eligible to file for a protection order in cases of domestic abuse.

Additionally, individuals who are stalked or sexually assaulted by someone they do not have a prior intimate relationship with can seek protection under a Civil No-Contact Order or a Stalking No-Contact Order (SNCO).

How Hirsch Law Group Can Help

Hirsch Law Group has helped defend clients against various types of orders of protection, including emergency and plenary orders. Our team of experienced attorneys are knowledgeable in Illinois law and can provide comprehensive legal aid and robust representation.

We understand how daunting it can be to face a court hearing. Our lawyers offer personalized counsel, ensuring you understand every step of the process, including:

  • Filing petitions and paperwork.

  • Representing clients during hearings in a criminal or civil court.

  • Offering strategic advice on how to contest an order.

To aid with emergency orders of protection, we work swiftly to ensure quick legal action. Our goal is to present a strong case to the judge. We collaborate closely with advocates and other service providers to gather essential evidence and testimonies.

For plenary orders, which are longer-term, our attorneys prepare meticulous defense strategies. Leveraging our knowledge and skills, we aim to demonstrate any evidence that supports our client’s stance. We can help you understand the legal steps involved in how to fight an order of protection in Illinois, ensuring your rights are protected.

Our collaboration with law enforcement and other Illinois legal aid organizations allows us to advocate effectively for our clients. For more detailed information, consider visiting our guide on how to fight an order of protection in Illinois.