Patriot Info Blog America How Long Does an Order of Protection Last in Illinois

How Long Does an Order of Protection Last in Illinois

How Long Does an Order of Protection Last in Illinois?

An Order of Protection is a legal document that aims to protect individuals who are victims of abuse or harassment. In Illinois, these orders are issued by the court and can provide various forms of relief to the victim, including prohibiting the abuser from contacting or approaching the victim, removing the abuser from the shared residence, and granting temporary custody of children.

If you are considering getting an Order of Protection in Illinois, it is essential to understand how long it will last and what steps you need to take to maintain your protection. This article will provide an overview of the duration of an Order of Protection in Illinois and answer some frequently asked questions.

Duration of an Order of Protection:

In Illinois, there are three types of Orders of Protection, each with a different duration:

1. Emergency Order of Protection (EOP): An EOP is issued by the court without prior notice to the abuser. It provides immediate protection to the victim and typically lasts for a maximum of 21 days. These orders can be obtained outside of regular court hours, such as on weekends or holidays, when the court is closed. An EOP is usually granted when there is an imminent threat of harm to the victim or their children.

2. Interim Order of Protection: An Interim Order of Protection can be granted when the court is closed, and the victim needs immediate protection before a plenary hearing can take place. This order can last for up to 30 days or until the plenary hearing, whichever comes first. A plenary hearing is a full court hearing where both parties present evidence and arguments.

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3. Plenary Order of Protection: A Plenary Order of Protection is the most long-lasting type of order and can be issued after a full court hearing. It can stay in effect for up to two years, but the duration can vary depending on the court’s discretion. During the hearing, both the victim and the alleged abuser have the opportunity to present their cases and provide evidence.

Frequently Asked Questions:

Q: Can an Order of Protection be extended beyond two years?

A: Yes, an Order of Protection can be extended beyond the initial two years if the court finds that there are still reasons to maintain the protection.

Q: What happens if the abuser violates the Order of Protection?

A: Violating an Order of Protection is a serious offense and can result in criminal charges. If the abuser violates the order, the victim should immediately contact law enforcement and provide them with evidence of the violation.

Q: Can I modify or terminate an Order of Protection?

A: Yes, you can request modifications to an existing Order of Protection if circumstances change. Similarly, you can also request the termination of an order if you believe that the protection is no longer necessary.

Q: Can I get an Order of Protection against a family member or someone I live with?

A: Yes, an Order of Protection can be obtained against family members, romantic partners, or anyone with whom you share a residence. The relationship between the victim and the abuser does not affect the availability of an Order of Protection.

Q: What should I do if I need an Order of Protection?

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A: If you believe you need an Order of Protection, you should contact your local courthouse or a domestic violence organization to seek guidance and support. They can help you understand the process and assist you in filling out the necessary paperwork.

In conclusion, an Order of Protection in Illinois can provide essential protection to victims of abuse or harassment. The duration of an order varies depending on the type, with Emergency Orders lasting up to 21 days, Interim Orders lasting up to 30 days, and Plenary Orders lasting up to two years. It is crucial to seek legal assistance and follow the necessary steps to obtain and maintain an Order of Protection for your safety and well-being.

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