Emergency Orders of Protection (EOP)

An Emergency Order is an Order of Protection that lasts anywhere from 7 to 21 days. There has to have been a recent incident of abuse, usually within 7 days of seeking the order. The incident does not necessarily have to be a physical incident. The Emergency Orders of Protection hearing is almost always done ex parte (without the respondent).

Interim Order of Protection (IOP)

An Interim Order is an Order of Protection that can last up to 30 days. An Interim Order of Protection Is usually granted when the Plenary Order of Protection hearing has to be continued.

Plenary Order of Protection (POP)

A Plenary Order of Protection is an Order or Protection that can last up to two years. The respondent (the person that has been abusive) receives notice or the POP hearing and has the right to appear at the hearing. However, the do not have to be present for the order to be granted.

Qualifying for an Order of Protection

In order for an Order of Protection to be granted you need to show the judge that there is a domestic relationship between the petitioner (the person who wants to have the order) and the respondent (the abusive party.

A domestic relationship will be on of the following relationships: have or have had a dating relationship, share or have a shared a common dwelling (roommates), have or allegedly have a child, stepchild, sibling, or other person related by blood or marriage (extended family), personal assistant to a high risk adult with disabilities.

Remedies available in an Order of Protection

1. Prohibition of physical abuse, harassment, interference with personal liberty, intimidation of a dependent, stalking, willful deprivation, neglect, or exploitation.
2. Exclusive possession of residence
3. Petitioner’s personal property may be protected from the respondent taking, encumbering, concealing, damaging, or otherwise disposing of the property
4. Respondent may be court ordered to pay certain losses and/or expenses that were a direct result of abuse
5. Respondent may be prohibited from entering the residence under the influence of alcohol or drugs
6. Respondent can be further ordered to have no contact by phone, mail or through a third person. Additionally, specific footage can be addressed if necessary
7. Respondent may be court ordered
8. Stay away provision – the respondent may be ordered to stay away from the person, the person’s residence or the persons place of employment

Remedies Regarding Children

1. Physical care and possession of the minor child/ren. Additionally the respondent may be court ordered to return the child/ren
2. Child visitation may be set up
3. Prohibit respondent from removing the minor child/ren from IL or concealing them within the state
4. Respondent may be court ordered to appear in court with the minor children
5. Respondent may be prohibited from the school of other records of the minor children
   

The following remedies are not available in Emergency Orders of Protection but can be included in the other orders.

1. Petitioner may be granted temporary legal custody of the child/ren
2. Respondent may be court ordered to pay temporary support for the petitioner and/or minor child/ren
3. Respondent may be court ordered to pay a certain amount to a domestic violence shelter
4. Respondent may be court ordered into counseling regarding abuse issues (generally only done in criminal cases)

How to Petition for an Order of Protection

If you are involved in a divorce case or any other civil court action with the person you are seeking an order of protection against, you will need to contact the attorney that is representing you in that case.

Mid-Central Community Action’s Countering Domestic Violence Program and the McLean County State’s Attorney’s Office have developed a collaborative effort to provide legal advocacy services to individuals affected by domestic violence. Certified Domestic Violence Advocates are available Monday through Friday between 8:30am and 4:30pm by calling (309) 888-5521. Advocates are also available to meet with individuals by contacting the Domestic Violence Advocacy Unit and setting an appointment. Advocates may not be available on a walk-in basis. All services provided through the Domestic Violence Advocacy Unit are free and confidential. Advocates are available to provide crisis assistance, assist individuals to the order of protection paperwork and filing process, accompany individuals to the order of protection hearing, and provide individuals with appropriate resources and referrals. Advocates are not licensed Attorneys and cannot provide advice or legal representation.

You can file in your own behalf. This is also free.

Countering Domestic Violence has a 24 hour hotline. If you have any questions or concerns relating to a domestic violence situation please contact them at (309) 827-7070