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Orders of Protection

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Orders of Protection

Orders of protection can protect one family member or household member from the abuse of another. In Illinois, orders of protection are governed by the Illinois Domestic Violence Act. The person requesting protection is known as the petitioner.

For courts to grant an Order of Protection, the petitioner must prove three elements:

  1. That the petitioner (or a protected party on whose behalf the petition was filed) is a “family or household member” of the respondent. Under the Illinois Domestic Violence Act, “family or household members” are considered spouses or former spouses, parents, children or stepchildren, and anyone else related by blood or a current or past marriage, someone who currently shares or previously shared a common dwelling, someone who has a child in common or shares a blood relationship through a child, someone who is dating or who has dated the respondent, and people with disabilities and their caregivers and personal assistants.
  2. That the petitioner has been “abused” by the respondent (or a protected party). The Illinois Domestic Violence Act defines abuse as physical abuse, harassment, interference with personal liberty, intimidation of a dependent, and/or willful deprivation.  
  3. That the court has jurisdiction to hear the case.

In Illinois, Orders of Protection are granted in three basic types:

  • Emergency Orders of Protection; 
  • Interim Orders of Protection; and 
  • Plenary Orders of Protection. 

Emergency Orders of Protection are granted when the petitioner would be at risk if the respondent were to receive notice of the hearing. They are intended to cover the time period prior to the respondent being served, which then gives the Respondent notice of the proceeding and allows them the opportunity to participate in the proceeding. Interim Orders of Protection can be entered to cover the time period between service of process and a final hearing on the merits of the case and allows both sides to properly prepare for the final hearing or to seek the advice of counsel. Plenary Orders of Protection are the final orders that the court enters after a full hearing or by agreement. If granted, they can be in effect for up to 2 years.  

The experienced attorneys at SLG Family Law can help you navigate the process in seeking or defending an Order of Protection, so contact us today for a free consultation.

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