Civil Orders of Protection
Orders of protection are legal documents that safeguard individuals from “abuse, neglect, or exploitation” (750 ILCS 60/214 (a)). Abuse, neglect, or exploitation are defined as “harassment, interference with personal liberty intimidation of dependent, physical abuse, or willful deprivation, neglect or exploitation, or stalking” (750 ILCS 60/214 (b)(1)).
Orders of protection may be filed against individuals who were/are current romantic partners, current/former spouses, family or household members. Household members include any person who share/formerly have shared a common residence. Household members additionally include “parents, children, stepchildren and other persons related by blood or present or prior marriage” (750 ILCS 60/103 (6)).
There are three types of Orders of Protection: Emergency, Interim, and Plenary.
Emergency Order of Protection (“EOP”). When an individual files a petition for an emergency order of protection it is heard on an expedited basis. An Ex Parte EOP is an emergency order of protection where there is no requirement for the other party to have notice concerning the hearing for the order of protection. An Ex Parte EOP does not require the other party to know about the order because of the severity of the risk of harm. When an emergency order of protection is granted, the statute requires that a hearing be had within fourteen to twenty-one days on the underlying petition. At this hearing, the other party will now have to have notice so that they have the ability to be heard and cross examine the petitioner at the hearing. However, there are occasions where the emergency order of protection may be extended longer due to service issues, the judge’s availability, agreements, or general continuances.
Interim Orders of Protection. An interim order of protection generally lasts for thirty days as it is intended to be in place for the time between a party being served with the order of protection and the hearing set for the plenary order of protection. These tend to be sparingly used in practice, as the EOP tends to be continued until a plenary order may be entered or the petition is otherwise denied.
Plenary Orders of Protection. A plenary order of protection has the highest burden of proof required for evidence presented as to why a plenary order of protection is necessary. A plenary order of protection often remains in place for an extended period, which can be as long as two years. Plenary orders of protection are issued by a judge after an evidentiary hearing, where testimony is heard, and evidence is presented. For a judge to grant the plenary order of protection, the party seeking the order of protection must be present. Once the time period for the plenary order of protection expires, or after two years have lapsed, an individual can return to court and seek to extend the plenary order of protection. Under a Plenary order of protection, a notice of the hearing on petitions or motions shall be served in accordance with Supreme Court Rules 11 or 12 unless an exception applies. (750 ILCS 60/211).
Orders of Protection create safeguards that are intended to keep the victim safe from the abuser. Some of these safeguards include the following:
Distance. Orders of protection generally require the restricted individual to stay both a certain distance away from the protected party and restrict certain places. Locations can be restricted by prohibiting the restricted party from being present either with the protected party present or at all times regardless of whether the protected party is present. This function generally applies to keep the restricted party physically away from the protected party’s home, work, or school. If minor children are protected, then their schools or activity places can be protected as well.
No Contact. Orders of protection may also prohibit any form of contact to the protected party and in some cases third parties as well. This prohibition can apply to all forms of contact, including text messaging, communication through social media, and in person contact. Third parties or entities may also be included in the no contact prohibition, such as the protected party’s employer or the minor children’s teachers or coaches. This protection is intended to stop harassing and threatening forms of communication. There may be exceptions created to allow parents to communicate over communication applications pertaining only to the parties’ children. To learn more about communication applications read our article here.
Pursuant to 750 ILCS 60/24 (5) – (7) if minor children are named as protected parties, an Order of Protection can temporarily reallocate physical placement of the child(ren) and allocation of responsibilities, such as decision-making to one parent. A court will adjust parenting time if the court finds that the restricted party endangered the minor child during their parenting time, used the parenting time to continue abuse, improperly concealed or detained the minor child or acted in a manner not in the child’s best interest.
Orders of protection are generally separate proceedings that are independent of other legal actions; however, orders of protection can be consolidated with related ongoing divorce or parentage cases. To consolidate an order to consolidate an order of protection proceeding with a parentage or divorce matter, a motion to consolidate should be filed to combine the cases and have the consolidated case before one judge in the domestic relations division. Once consolidated, the domestic relations judge will hear all matters pertaining to the divorce or parentage case as well as the order of protection.
The Law Office of Erin M. Wilson LLC has extensive experience with orders of protection and can provide advice based on your specific circumstances as to whether an order of protection is necessary in your circumstances, as well as assist you in obtaining or defending against an order of protection. Contact The Law Office of Erin M. Wilson LLC to schedule a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.