An Illinois Order of Protection (also referred to as an Interim or Plenary Order of Protection) is a court order issued to protect a person from harm or harassment from another individual. This type of order, issued by a judge, is designed to protect a victim from abuse, harassment, stalking, threats, or violence. The order can forbid an abuser from coming near the victim and their home and place of work, as well as from contacting them in any way. Interim Orders of Protection are temporary orders issued as soon as a petition for an Order of Protection is filed, and the respondent has been served with the petition. These orders may be in effect for up to 21 days until a court hearing is held for a Plenary Order of Protection, which is a longer-term order. Plenary Orders of Protection can be issued after a court hearing, and they remain in effect until a specified date. They can also be extended or modified, depending on the situation. In Illinois, an Order of Protection is legally enforceable and can be enforced by the police. If the respondent violates the order, they may be arrested and face criminal charges.
Illinois Order Of Protection (Interim Or Plenary)
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FAQ
An order of protection is a court order which restricts an abuser and only is available to family or household members. An order of protection may: prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation)
An Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.
If you've been served with an order of protection in Illinois, you need to know that the police and other law enforcement officials will know it's there ? and it goes on your criminal record.
The law basically includes all family members, or people who have or had a dating relationship, or people who do or did live together regardless of a dating or family relationship. A No Stalking No Contact Order differs from an Order of Protection in that is does not require a domestic relationship.
You cannot expunge a violation of an order of protection in the state of Illinois if you were convicted of the crime. It must remain on your criminal record.
Unlike restraining orders, orders of protection refer to specific orders meant to protect someone from domestic violence (coming from another member of the household). Orders of protection are easier to enforce than restraining orders, and come with more severe penalties.
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection. A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
The order of protection doesn't go on your criminal record; it's part of a civil case. However, it is visible to law enforcement and those working in the court system.