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