The Illinois Disposition Order-Orders of Protection is a court order that provides protection to individuals who are victims of domestic violence, stalking, sexual assault, or other forms of abuse. It is issued by the court when allegations of abuse have been proven and the court finds that the safety of the victim is in danger. The order of protection prohibits the abuser from engaging in any further contact with the victim and also grants the victim certain rights such as exclusive possession of the home, temporary financial support, and temporary custody of any children involved. There are three types of Illinois Disposition Order-Orders of Protection: Civil No Contact Orders, Emergency Orders of Protection, and Plenary Orders of Protection. A Civil No Contact Order prohibits the abuser from further contact with the victim, or any contact that is not expressly approved by the court. This type of order does not grant any additional rights to the victim. An Emergency Order of Protection is issued on an emergency basis and is valid for up to 21 days. This order grants the victim exclusive possession of the residence, temporary financial support, and temporary custody of any children involved. A Plenary Order of Protection is issued after a hearing and is valid for up to two years. This order grants the victim exclusive possession of the residence, temporary financial support, and temporary custody of any children involved, as well as additional rights such as the right to obtain a restraining order, the right to have contact with the abuser supervised, and the right to have the abuser attend counseling.
Illinois Disposition Order-Orders of Protection
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FAQ
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.
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.
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.
Any person who violates an order of protection in Illinois will likely face Class A misdemeanor charges. The punishment can include up to one year in jail and a $2,500 fine.
Response by Respondent Lawyer Manual The Respondent can respond to the Order of Protection by filing a motion with 2 days notice asking for a rehearing on the Emergency Order of Protection, or by going to the next court date and requesting a hearing on the Petition.
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)