What Is a Plenary Order of Protection in Illinois?
Applying for any kind of order of protection is never easy, and is usually preceded by months or years or terrifying emotional or physical abuse. But the state of Illinois takes the safety of its residents very seriously, particularly when they are children, and has several types of orders of protection available to those who need them.
One of these - a Plenary Order of Protection, or POP - is a long-standing order of protection that lasts much longer than an Emergency Order of Protection or “restraining order.” POPs do require a hearing, but because the hearing is evidence-based and requires the presence of both parties, it can grant victims greater protection.
How Can I File for a Plenary Order of Protection in Illinois?
In order to file for any order of protection, you must bring the appropriate paperwork to your local courthouse. This paperwork is available online and can be filled out in advance. Sometimes a clerk may be available to help you fill out forms, but not always.
Your attorney can also help you fill out the necessary forms and help you deliver them to the courthouse. You will need to provide valid information about the person against whom you are filing the POP, including name, date of birth, and address, so the POP can be delivered to them.
You will also need to give details of the abusive incident(s) which caused you to want the order of protection. This may be unpleasant, but it is important for a judge to understand the threat against you so he or she can order an order of protection that is of sufficient length and scope.
What Happens at a Plenary Order of Protection Hearing?
The hearing date for a Plenary Order of Protection is usually set on or before the expiration date of an Emergency Order of Protection. If the POP hearing needs to be delayed for any reason, a standing Emergency Order of Protection will continue until the hearing takes place.
Both the petitioner and the respondent (the victim and the alleged abuser) are required to be at a POP hearing. During the hearing, a judge will hear testimony from both sides, examine available evidence, and hear testimony from any witnesses.
If either party fails to appear at the hearing, a judge will generally decide in favor of whichever party did appear. This means that if you fail to appear at your hearing, you may not be able to get the protection you need.
What Can a Plenary Order of Protection Do?
A judge has wide discretion when deciding the terms of a POP, but common restrictions include ordering an abuser to:
- Not harass, intimidate, stalk, or exploit the victim
- Stay away from the victim’s residence, workplace, school, or other specific places
- Stay away from the residence if he or she is under the influence of alcohol or drugs
- Undergo counseling
- Not take a child out of state or abuse a child
- Pay damages or restitution for damaged property, medical expenses, or moving or shelter costs
Consult with a Batavia, IL Order of Protection Attorney
Finding yourself in need of an order of protection can be frightening and confusing. At [[title]], we understand how important it is to feel safe and to protect your family. Van A. Larson, P.C. is a compassionate and experienced Kane County order of protection attorney who can help you understand the process of requesting a plenary order of protection. Contact our office today to schedule your free initial consultation. Call us at 630-879-9090.
Source:
https://www.illinoislegalaid.org/legal-information/changing-or-renewing-order-protection
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