The Three Types of Protective Orders Available in Illinois

 Posted on July 17, 2017 in Domestic Violence

In Illinois, there are three different types of protective orders (also referred to as restraining orders); emergency protective orders, interim protective orders, and plenary protective orders. If a protective order has been filed against you it is important that you understand which type of order you are facing so that you can take the necessary steps to protect your legal rights. Read on to learn about the three types of protective orders available in Illinois and then contact a local order of protection criminal defense lawyer to discuss your legal options.

Emergency Protective Orders

An emergency protective order offers short-term protection to the accuser and can be issued solely based on his or hertestimony. Furthermore, under some circumstances an emergency protective order can be issued ex parte, i.e. against you without prior notice. Emergency protective orders are temporary in nature and are designed to be in effect until a full hearing for a more long-term protective order can be held (this usually takes place within 14-21 days).

Interim Protective Orders

In some cases it takes awhile before a full restraining order hearing can be held. When this happens, the court may issue an interim protective order to be in effect from the date on which the accuser’s emergency protective order expires until the full court hearing takes place. Interim protective orders can be in effect for up to 30 days. However, an interim protective order can only be issued against you in Illinois if you have had a chance to make an initial appearance in court and have been properly notified of the date on which your full restraining order hearing will take place.

Plenary Protective Orders

Plenary protective orders are unique because unlike the other types of protective orders that are available in Illinois plenary orders offer long-term protection. Plenary protective orders may last up to two years and, under 750 ILCS 60/220(e), may be renewed an unlimited number of times. However, a court will not issue a plenary protective order until after holding a hearing in which both the accuser and the accused have had a chance to present their cases.

A Protective Order Has Been Filed Against Me, What Should I Do Now?

The circumstances surrounding each protective order are different, so the best thing that you can do is consult with a local criminal defense attorney about the specifics of your case. However, it is generally also advisable to avoid all contact with your accuser (this includes calling or texting them!), attend every hearing that has been scheduled, and fully comply with every provision of the order against you.

Reach Out to Us for Assistance

If you need help opposing an Illinois protective order, or defending yourself against an alleged protective order violation, the experienced Rolling Meadows criminal defense lawyers of The Law Offices of Christopher M. Cosley are here to help. Our firm is located in Arlington Heights but we are dedicated to defending adults and juveniles throughout the greater Chicago area.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K220