233 W. Wilson Street, Batavia, IL, 60510
  • Home
  • Blog
  • Types of Orders of Protection and How to Modify Them

Types of Orders of Protection and How to Modify Them

Types of Orders of Protection and How to Modify ThemObtaining an order of protection is one of the most helpful actions that Illinois victims of domestic violence can take. An order of protection legally prohibits your abuser from having contact with you and other victims. Forms of domestic violence include:

  • Physical abuse;
  • Harassment;
  • Intimidation; and
  • Obstruction of personal liberties.

A domestic violence incident may be an emergency for the victim, but obtaining and keeping an order of protection requires following a legal process. The steps are meant to provide immediate and lasting protection for domestic violence victims, while also protecting the accused from false or unfair claims.

Types of Orders

An order of protection determines who the offender may have contact with and may require that support payments be made to the victim. However, a court will not impose any long-term conditions on the accused until it rules on the case in a hearing. At the same time, the law recognizes that victims need immediate relief from their suspected abusers. There are three types of orders of protection that are used at different stages of the legal process:

  • An emergency order lasting 14 to 21 days can be granted the same day it is filed without the accused needing to attend. The order is meant to protect the accuser until the initial court hearing;
  • A court may issue a 30-day interim order once the accused makes an initial court appearance or is given sufficient notice to attend a hearing; and
  • A plenary order is the final order that the court issues if it sides with the accuser in the case.

Renewal and Modification

A plenary order of protection only lasts two years in Illinois, but you can renew the order an unlimited number of times. The process may be straightforward if you are not seeking to modify the order and the other party does not contest the extension. If the extension is contested, you must show why the order is still necessary and that there has not been a change of circumstances. You can also request to modify the order at any time. Reasons for modification may include:

  • Additional abusive behavior that necessitates greater protective measures;
  • A change in living circumstances that also changes what you need from the order; and
  • A resolution in the criminal charges related to the domestic abuse.

Obtaining Protection

As a victim of domestic violence, you need help in filing for an order of protection against your abuser. A Kane County family law attorney at Van Larson Law, P.C., will lead you through the process of obtaining the order. To schedule a consultation, call 630-879-9090.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

Share this Post : Share on FacebookTweet about this on TwitterShare on Google+Share on LinkedInShare on TumblrEmail this to someone
This entry was posted in Domestic Violence, Orders of Protection and tagged , , . Bookmark the permalink.

Comments are closed.

Contact Information         Map and Directions
    • Location

      233 W. Wilson Street
      Batavia, IL 60510

      Mon – Fri: 8AM – 5PM
      Weekends and evenings by appointment. All phone calls and emails promptly and personally responded to and advise if emergency.

      Phone: (630) 879-9090

      Follow us

      Facebook    Twitter    Google Plus    Our Blog

    • Contact us

      NOTE: Fields with a * indicate a required field.
      *
      *
      *
Illinois State Bar Association Kane County Bar Association
Serving Northern Illinois cities such as Algonquin, Aurora, Barrington Hills, Bartlett, Batavia, Big Rock, Burlington, Campton, Carpentersville, Dundee, East Dundee, Elburn, Elgin, Geneva, Gilberts, Hampshire, Huntley, Kaneville, Lily Lake, Maple Park, Montgomery, North Aurora, Plato, Sleepy Hollow, South Elgin, St. Charles, Sugar Grove, Virgil, Wayne, West Chicago, West Dundee, Yorkville, Afton, Clinton, Cortland, DeKalb, Franklin, Genoa, Hinckley, Kingston, Kirkland, Lee, Malta, Maple Park, Mayfield, Milan, Paw Paw, Pierce, Sandwich, Shabbona, Somonauk, South Grove, Squaw Grove, Sycamore, Victor, Waterman, Aurora, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Oswego, Plainfield, Plano, Sandwich, Yorkville as well as Kane County, Kendall County and DeKalb County.
© 2015 Law Office of Van A. Larson, P.C. | 233 W. Wilson Street, Batavia, IL, 60510 | 630-879-9090     Disclaimer   |    Privacy Policy   |    Sitemap
Powered by OVC