Orders of Protection
Put Safety First
Unfortunately, harassment and abuse are all too common. Sometimes, the person harming you is someone you know very well, even your spouse. Other times, it could be an acquaintance or a stranger. No matter who is stalking, harassing, or abusing you, you deserve protection.
Protective Orders are legal documents that ban dangerous people from certain actions. If the person violates the Protective Order, a court can impose penalties, including jail time.
Types of Orders of Protection
In Illinois, there are three types of Orders of Protection:
- Emergency: This is when a person (the petitioner) appears in front of the judge and explains why they need an Order of Protection. The other person (the respondent) is not given notice of this court appearance and does not get to tell their side of the story. If the Judge is satisfied with the need for the OP then they will issue a temporary protective order which is only good for a limited time (14-21 days) and then it will expire.
- Interim: These are less common types of Orders of Protection where a court will extend a period of protection until a more permanent hearing can be held.
- Plenary: After the date of expiration of the Emergency or Interim OP the court will hear the Petitioner’s request for an OP. The respondent is given notice of this setting and the hearing functions as a sort of mini-bench trial complete with witnesses and evidence just like you would normally think how a trial works. If the court is satisfied that the Petitioner has met their burden then the Judge can make the OP last for up to two years.
The type of order you need will depend on your unique situation. We can help you decide what order to seek and if you are the respondent in the case, we can help you fight the matter in court.
Why Choose Daniel Kay?
Whether you’re seeking to get a protective order against someone, or you have a protective order against you, we can help. Your rights are important and must be respected. We ensure that happens.
At our office, you’ll always be treated with the utmost respect. Importantly, we make ourselves available to our clients. So, if something happens and you need help right away, we’re there.
