How an Order of Protection can Help You
If you are a victim of domestic violence, sometimes you have no option except to file for an order of protection. However, when doing so, it is important to consider which type will best suit your needs. A post by womenslaw.org has explained the three different types of orders of protection and how long they each last.
The first type of order of protection is an emergency order. You can obtain this type of order of protection based solely on your testimony to a judge. The judge will then have the power to grant the order-without notifying the abuser or having them present in court-if the harm you are attempting to end will be likely to occur if the abuser is notified of your application for the order. The only way the abuser will be removed from your shared home is if the judge believes the seriousness of the danger of abuse is more important than the problems caused by the abuser being removed from their home without notice. An emergency order of protection will provide short-term, temporary protection.
The second type of order of protection is an interim order. It is not necessary for you to have a full court hearing in order to be granted this order. However, in this case the abuser will have to make an appearance before the court or be notified of the date of your court hearing. These orders are generally used to protect you during the time after your emergency order expires and your plenary order begins. An interim order will only last for up to 30 days.
The third and longest-lasting type of order is the plenary order. This type of order of protection can only be granted after a court hearing occurs in which both you and the abuse have an opportunity to present evidence. This type of order can last the longest amount of time, two years, and there is no limit on how many times it can be renewed.
If you are a victim of domestic violence and would like to obtain an order of protection, contact an experienced Illinois family law attorney as soon as possible to help you with the process.