If someone asks the court an order of protection against you in Chicago, Rolling Meadows, or any of the surrounding communities, the judge’s order can restrict you from going home, seeing your kids, or even force you to attend counseling.
Unfortunately, when a judge first issues an order of protection, he or she typically only hears one side—your accuser’s. For most people, it makes sense to talk to a domestic battery defense lawyer who can help explain the situation to the judge. Depending on the circumstances of your case, and the type of order of protection that the judge issued, your lawyer will be able to develop a strategy and argue on your behalf.
3 Types of Orders of Protection in Illinois
There are three types of orders of protection recognized under Illinois law: Emergency orders of protection, interim orders of protection, and plenary orders of protection.
Emergency Orders of Protection
A judge can issue an emergency order of protection on the same day that someone files for one, even if the person the order is against doesn’t know about it until after the judge issues it.
An emergency order lasts for up to 21 days.
Interim Orders of Protection
The court can issue an interim order of protection without a full court hearing if you have been served with the order or if you were notified of the date of the court hearing. These orders are typically issued between an emergency order and a plenary order.
An interim order of protection can last up to 30 days.
Plenary Orders of Protection
A plenary order of protection is of a more permanent nature. A judge can issue a plenary order after a court hearing where you are given the opportunity to present evidence. (Your lawyer will represent you at this hearing.)
A plenary order of protection can last up to 2 years, but there is no limit on the number of times the court can renew it.
Has Someone Gotten an Order of Protection Against You?
If someone has petitioned the court for an order of protection against you, or if the court has already issued one, you may benefit from talking to a Chicago domestic battery defense attorney with a proven track record of success.
Call us right away at 847-920-4540 for a free case review. We’ll immediately begin developing a strategy that helps you get the best possible outcome.
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