What Are the Types of Orders of Protection for Domestic Violence?
Posted on March 18, 2014 in Domestic Violence
Domestic violence is a large problem in our society today. According to Illinois State Police, a woman in the United States is beaten every 15 seconds. Victims of domestic abuse sometimes feel that there is no hope for their situations, but that is not the case. Fortunately, there are ways to end the destructive cycle of domestic violence, the most effective being an Order of Protection.
An Order of Protection is a legal order from a judge that contains ‘remedies” that order an abuser to take certain actions or prohibit an abuser from taking certain actions. If the abuser fails to follow the remedies, or carries out a prohibited act, he or she may be arrested.
There are three basic types of Orders of Protection. The first and least temporary of the three is known as an Emergency Order. These can be obtained based solely on a testimony to a judge. The judge is permitted to grant this order even without prior notice to the abuser or the abuser being present in court if it is apparent that you will be subject to more abuse if he or she is notified. These orders typically only last 14 to 21 days.
The next type of order is referred to as an Interim Order of Protection. These are a bit more permanent than the Emergency orders, lasting up to 30 days. A full court hearing is not necessary in order to be granted an Interim Order. However, it is true that the abuser must be given notification of the date of your court hearing. These orders are typically used during the time after an Emergency Order expires, before your full court hearing for a Plenary Order occurs.
The third and most permanent Order of Protection is called a
Plenary Order. These orders last up to two years and are only granted after both you and the abuser present your arguments at a hearing in front of a judge. There is no limit on the number of times a Plenary Order may be renewed.
Domestic violence may seem like a hopeless situation, but there are ways to find safety. If you or someone you know is the victim of domestic abuse, please contact a dedicated Illinois family law attorney to assist you in escaping the dangerous situation.
