Domestic abuse is a reality for a surprising number of Illinois residents. The National Coalition Against Domestic Violence reports that one out of every three women (33 percent) and one out of every four men (25 percent) will be victims of domestic violence in the United States. To prevent instances of domestic violence from occurring – and to prevent victims of domestic violence from being re-victimized – Illinois (like other states) enables victims of domestic abuse, harassment, and sexual abuse to obtain orders of protection against their abusers or potential abusers. Those who violate an order of protection may be charged with a crime and may be subject to fines and incarceration.
Various Types of Orders of Protection Available in Illinois
Regardless of the underlying activity that gives rise to the protective order, any protective order can be described as an emergency order, an interim order, or a plenary order:
- Emergency orders, as their name implies, are granted in cases where immediate action is necessary or where there is an imminent risk of harm to your person. The alleged abuser does not need to be notified of the hearing or be given an opportunity to respond to your allegations in order for an emergency order to be granted. However, emergency orders may only last for up to 21 days. If you have not secured a plenary order by that time, the emergency orders (and the protections it affords you) will expire;
- Interim orders are temporary protective orders that may be entered when an emergency order is not available. Unlike an emergency order, however, the alleged abuser (or an attorney acting on his or her behalf) must be afforded an opportunity to appear before the court before an interim order will be granted. Interim orders can last up to 30 days. These orders are not meant to be final protective orders; rather, they are designed to afford you protection until the court can consider evidence presented by both parties;
- Plenary orders are “permanent” protective orders granted only after both parties in a domestic dispute are given an opportunity to present evidence as to why a protective order should – or should not – be granted. A plenary order can remain in effect for up to two years. Before this period expires, the person seeking the protective order can apply to renew the plenary order for another period of two years. The court will renew a plenary order if the evidence shows that there is a continuing need for the order.
A Will County Family Law Attorney Can Help You
Although you do not need an attorney in order to obtain any protective order, the assistance of an experienced Orland Park family law attorney can increase the likelihood that your application for a protective order will be granted, or, conversely, that an application filed against you without sufficient evidence is not approved by the court. Contact Kezy & Associates today and let us assist you with your case.