Orders of Protection
The Illinois Domestic Violence Act (IDVA) recognizes domestic violence as a serious crime. It creates a legal remedy for domestic violence victims called an ORDER OF PROTECTION, and requires that law enforcement officers provide specific types of assistance to victims. An Order of Protection is a written order signed by a judge, which requires an abuser to stop further abuse and/or prevent the abuser from entering the shared home for a period of time.
Emergency Order of Protection (Immediate Order):
An Emergency Order can be obtained in lieu of a Plenary Order of Protection. The order is good for 14 to 21 days. Emergency orders can be obtained without having to inform the abuser/respondent that you are asking for it. However, the accused will be notified on what day they must appear in court.
Interim Order of Protection (Temporary Order)
A Temporary Order (Interim) of Protection is intended to be for a limited duration and usually last until the court has had an opportunity of hearing the full case and make a final order. An Interim Order of Protection can be effective for up to a period of 30 days.
Plenary Order of Protection (Final or Long-term Order):
This Order may be good for up to two years. Prior to obtaining this instant order, you must have an evidentiary hearing with testimony. The Sheriff notify the accused about the hearing. Once the hearing is concluded, the judge will either grant or deny your petition.
Violation of Orders of Protection can result in a class A misdemeanor. Subsequent violations or violation following other domestic convictions can result in a class 4 felony.