Order of Protection for Domestic Violence

Woman victim of domestic violence seeking order of protection

Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order prohibiting another person from committing domestic violence against a protected person or persons. There are three categories of orders of protection.

 

Emergency Order of Protection

A person can go to the Domestic Violence division of the Cook County courthouse and immediately petition the court for an Emergency Order of Protection (“EOP”). If the judge grants the emergency petition, the court will immediately enter an Emergency Order of Protection. Unlike most hearings, an emergency hearing regarding domestic violence may be ex parte. Ex parte means legal notice was not provided to the other party, referred to in Cook County as a “Respondent”. An Emergency Oder of Protection will only remain in effect for a maximum of 21 days. When a court enters an EOP, the Court sets the next hearing date and lists it on the order. At the next hearing, the court decides whether to issue a plenary order of protection.

Plenary Order of Protection

A court may enter a plenary order of protection after the Sheriff serves Respondent with legal notice of the petition and the upcoming hearing. A plenary order of protection may last for up to 2 years.

Interim Order of Protection

A court may enter an interim order of protection after the Sheriff serves Respondent with legal notice of the petition and the upcoming hearing or the Sherriff has attempted to serve the Respondent. An interim order of protection may last for up to 30 days.

 

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If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or info@thewittlawfirm.com.

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.