Orders Of Protection
FAMILY/DIVORCE LAW IS STATE LAW. THIS SITE GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN FAMILY/DIVORCE CASES IN ILLINOIS. THE INFORMATION HERE IS NOT COMPLETE AND THE LAW IN STATES OTHER THAN ILLINOIS IS DIFFERENT. YOU MAY NEED LEGAL ADVICE.
Under the Illinois Domestic Violence Act, a person may seek an order of protection against a family or household member only. The terms family and household member are very broadly defined. It can include former spouses, persons who share or formerly shared a common residence, persons who have a child in common, or even allegedly have a child in common, or persons who have or had a dating/engagement relationship.
In order to receive an order of protection, a party must complete a Petition for Order of Protection and have it filed with the Court. The petition can ask for an Emergency Order of Protection, which is an Order that is granted without notice to the other party. These Emergency Orders last for a very short period of time. In order to receive an Emergency Order of Protection, you must who that there is evidence of past abuse, harassment, neglect, or exploitation and that an emergency order is necessary to protect against further immediate abuse.
The cases are then set for what is called a “Plenary” hearing. Orders of protection can be extended for up to two years. In order to do this, the other party must have been served with the order of protection, given a chance to respond to the allegations in the petition for order of protection, and have been given an opportunity to have a hearing on the issues. If, after a hearing, the court determines that by a preponderance of evidence there has been a showing of abuse, neglect, harassment, or exploitation, the court can award one party an order of protection for up to two years. This means that the party with whom a protective order is served, cannot have contact as defined within the order with the Petitioner for a period of time provided for by the order. The orders can be as varied as the people who receive them.