What Are the Different Types of Orders of Protection, and Who Can Get Them?

What Are the Different Types of Orders of Protection, and Who Can Get Them?

By: M. Scott Gordon

What can a Chicago area resident do if they are in fear of bodily harm or other harm at the hands of a spouse or family member? The Illinois Domestic Violence Act of 1986 (750 ILCS 60/) contains protections for people who are subjected to domestic violence, including the ability to seek an order of protection. The Act identifies domestic violence as “abuse,” which it then defines as physical abuse or harassment, among other actions. When a person is a victim of domestic violence or is in fear of this type of abuse, she or he can be eligible to seek an order of protection.

The Act explains that there are three different types of orders of protection, including: emergency orders, interim orders, and plenary orders. We want to go through the difference between each of these types of domestic violence orders of protection, and then to clarify who can be eligible to obtain one of these orders of protection.

Understanding the Three Different Types of Orders of Protection

There are three different types of orders of protection in situations involving domestic violence:

• Emergency order of protection (EOP): this type of protective order only last for 14 to 21 days. Since it is only temporary, the alleged perpetrator does not have to be informed of the hearing for the order ahead of time.
• Interim order of protection: this type of protective order can be granted for up to 30 days once the alleged perpetrator has been served.
• Plenary order of protection: this type of protective order lasts the longest—up to two years. It can only be granted once the court has the opportunity to hear from the petitioner and the alleged perpetrator. While the alleged perpetrator does not have to show up to court, she or he must be properly informed about the hearing. The petitioner, however, must be present for the order of protection to be granted.

Who Can Get an Order of Protection?

Orders of protection are available under the Act for the following persons:

• Person abused by a family member or other household member;
• High-risk adult with disabilities abused, neglected, or exploited by a family member or other household member;
• Minor child in the care of an abused person;
• Dependent adult in the care of an abused person; and/or
• Person residing at or employed at a private home or public shelter where an abused family member is housed.

While the above persons may be eligible to receive a protective order, only certain persons can file a petition for a protective order, including:

• Person who has been abused;
• Person on behalf of a child who has been abused; and/or
• Person on behalf of an adult who has been abused and who cannot file the petition himself or herself due to age, health, disability, or inaccessibility.

To be clear, a person cannot simply file a petition for an order of protection for a competent adult who chooses not to file an order himself or herself.

Contact a Chicago Order of Protection Lawyer

If you have questions about orders of protection, a family law attorney in Chicago can help. Contact Gordon & Perlut, LLC for more information.