If someone has obtained an order of protection against you – commonly called a restraining order or a protective order – it can last for several years. During that time, you’ll be prohibited from doing certain things and may be required to do other things. This guide explains.
How Long Will an Order of Protection Be On Your Record in Illinois?
When a judge issues an order of protection, the length of time it’s valid depends on the circumstances. The order of protection doesn’t go on your criminal record; it’s part of a civil case. However, it is visible to law enforcement and those working in the court system.
The following table explains each of the three types of orders of protections and how long they last.
|Emergency order of protection||Judges often grant emergency orders of protection under emergency circumstances. The respondent (the person the order is against) doesn’t even have to be in court for a judge to issue this type of order of protection.
Emergency orders of protection typically last 14 to 21 days. They come with a court date; at that court date, the petitioner (the person who asked for the order) and the respondent must both appear in court so the judge can decide whether to extend the order of protection.
|Interim order of protection||Interim orders of protection can last up to 30 days. They’re usually used after the respondent has been served (or while someone is trying to serve the respondent) with the emergency order – the one that contains a court date.|
|Plenary order of protection||Plenary orders of protection are more permanent. They can last up to two years, though in some cases, they may last even longer. If the petitioner wants to extend a plenary order of protection, they must ask the court to extend it.|
The amount of time a plenary order of protection lasts against you – and the length of time it stays on your record (again, not your criminal record) – depends on what the judge in your case orders.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
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