Illinois Emergency Order of Protection

State:
Illinois
Control #:
IL-SKU-3029
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PDF
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Description

Emergency Order Of Protection

An Illinois Emergency Order of Protection is a legal document issued by a judge to protect a person from harm or harassment from another person. It is issued when there is a risk of immediate and present danger of abuse or violence. There are three types of Emergency Orders of Protection in Illinois: (1) Emergency Plenary Order of Protection, (2) Interim Emergency Order of Protection, and (3) Emergency Stalking No Contact Order. An Emergency Plenary Order of Protection is an order issued by the court that restrains the respondent from abusing, harassing, stalking, or threatening the petitioner, and may also include other provisions as the court may deem necessary for the petitioner’s protection. This type of order is effective immediately and can last for up to 21 days. An Interim Emergency Order of Protection is an order issued by the court that orders the respondent to stay away from the petitioner and the petitioner’s residence, place of employment, school, or other specified places for up to 14 days while the petitioner's petition for a Plenary Order of Protection is pending. Lastly, an Emergency Stalking No Contact Order is an order issued by the court that orders the respondent to refrain from any contact with the petitioner, including by telephone, mail, or electronic communication, and to stay away from the petitioner’s home, work, or school. This type of order is effective immediately and can last for up to 21 days.

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FAQ

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.

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.

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)

The standard of proof required is ?a preponderance of the evidence,? the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true.

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.

Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine.

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.

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)

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Illinois Emergency Order of Protection