The 3 Basic Types of Illinois Orders of Protection

 Posted on February 23, 2024 in Family Law

Illinois offers three basic types of Order of Protection that people can request when someone else is intent on harming them, has harmed them, or has threatened to harm or abuse them. Understanding the three Order of Protection types is vital in your process of requesting and being granted one by an Illinois judge. An attorney will likely recommend an Order of Protection for anyone suffering domestic violence or abuse.

Emergency Order of Protection

This particular Order of Protection is meant to protect a petitioner from abuse and domestic violence. There are two people in an Order of Protection - the petitioner and the respondent. The petitioner is the person who requests the order and the respondent is the person named in the order. 

A judge must approve of the order and will often do so if they feel that the respondent poses an imminent threat or is at high-risk for abusive or stalker behavior toward the petitioner. The respondent does not need to be present or even know about the hearing, known as ex parte, because of the risk of harm. An Emergency Order will generally only last between 14 and 21 days while a hearing date is set for a Plenary Order.

Plenary Order of Protection

A judge may issue a Plenary Order only after hearing from both the petitioner and respondent. The petitioner is required to attend the hearing for the order to be approved. The respondent is notified of the hearing but can choose not to attend at his discretion. If the respondent chooses not to attend the Plenary Order hearing, then the Plenary Order will typically be granted. Should the respondent show up to the hearing, he will be able to plead his case. A Plenary Order that is granted by a judge will typically last up to two years.

Interim Order of Protection

An Interim Order is granted to a petitioner only after a respondent has been served with a hearing notice or if attempts have been made to serve him with a hearing notice. These orders serve as protection coverage during the period between when the process of serving an Order of Protection commences and when a final hearing takes place. Interim Orders of Protection remain in effect for up to 30 days.

Contact a Kane County, IL Family Law Attorney

If you or someone you know is experiencing domestic violence, do not hesitate to seek safety. Contact Serrano Hanson right away at 630-844-8781. Our experienced Geneva, IL Order of Protection lawyers will always place your safety and security first. Do not delay - act now and allow us to advocate for your legal rights.