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Orders of protection

Illinois victims of domestic violence should know about what types of orders of protection they may request against their abusers. The protection can be temporary in nature or provide long-term safety depending on the type of protection order that is sought.51507999_S.jpg

Emergency orders offer short-term, temporary protection. A judge can issue the order without any notice being given to the abuser or without the abuser being in the courtroom. For an abuser to be removed from a shared home, the judge has to be convinced that the danger of additional abuse is more important than any hardship that the abuser may face from being forced to leave. Emergency orders may be sought on weekends, holidays and when the court has closed for the day.

A full court hearing is not required to be granted an interim order, but there has to have been either an initial appearance by the abuser or the abuser's attorney, or the abuser must have been advised of when the court hearing would occur. Interim orders, which can last up to 30 days, can be used to protect victims during periods after an emergency order has expired and before the full court hearing for a plenary order occurs.

Plenary orders can only be obtained at a court hearing during which both the victim and the abuser may present evidence. The orders can last up to two years and can be renewed indefinitely.

A family law attorney may assist clients who are dealing with legal issues related to domestic violence. The attorney may advise of how to file a domestic violence complaint and which type of protection order to pursue.

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Stange Law Firm, PC

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
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