An Illinois Emergency Order of Protection is a court order issued in the state of Illinois that provides temporary protection for victims of domestic violence. The Order of Protection prohibits the abuser from engaging in certain behaviors such as contacting the victim, entering the victim's residence, and possessing a firearm. It also may grant the victim temporary possession of the residence, custody of children, and temporary financial support. There are three types of Illinois Emergency Order of Protection: Plenary Order of Protection, Interim Order of Protection, and Emergency Order of Protection. A Plenary Order of Protection is issued after a hearing and lasts up to two years. An Interim Order of Protection is issued without a hearing and is effective until a hearing can be held, usually within 14 days. An Emergency Order of Protection is issued without a hearing and is effective for up to 14 days.
Illinois Emergency Order Of Protection
Description Emergency Protection Order
How to fill out Illinois Emergency Order Of Protection?
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FAQ
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection. A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
An order of protection is a court order which restricts an abuser and only is available to family or household members. An order of protection may: prohibit abuser from continuing threats and abuse (abuse includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation)
If you've been served with an order of protection in Illinois, you need to know that the police and other law enforcement officials will know it's there ? and it goes on your criminal record.
You cannot expunge a violation of an order of protection in the state of Illinois if you were convicted of the crime. It must remain on your criminal record.
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 standard of proof required is ?a preponderance of the evidence,? the default standard of proof in civil litigation proceedings, which requires the party with the burden of proof to show that the allegations giving rise to a cause of action are more likely than not to be true.
Unlike restraining orders, orders of protection refer to specific orders meant to protect someone from domestic violence (coming from another member of the household). Orders of protection are easier to enforce than restraining orders, and come with more severe penalties.