Everything You Need to Know About Emergency Orders of Protection and Plenary Orders of Protection in Illinois

In Illinois civil proceedings, there are two types of protection orders that a party can obtain. The first kind is referred to as an Emergency Order of Protection, which is a short-term order of protection that can be granted on the day the Emergency Order of Protection is filed and does not require any notification to the abuser party.

The second kind is referred to as a Plenary Order of Protection, which is a long-term order of protection that lasts for a maximum of two years, requires notice to the abuser party, and requires a trial on the allegations to determine if a Plenary Order of Protection should be granted. 

This article will explain what facts are necessary to secure an Order of Protection, what protections are available under an Order of Protection, the Emergency Order of Protection process, and finally, the Plenary Order of Protection process. 

For further information outside of this article: Emergency Orders of Protection are discussed in 750 ILCS 50/217; Plenary Orders of Protection are discussed in 750 ILCS 60/219; and all remedies for Orders of Protection are discussed in 750 ILCS 60/214. All other relevant provisions are contained in the Illinois Domestic Violence Act of 1986 (750 ILCS 60). 

Facts Necessary to Secure an Order of Protection 

Relationship Required: An Order of Protection can only be brought against individuals who have a familial relationship, dating and/or prior dating relationship, marriage relationship, or caregiver relationship to the allegedly abused party/parties bringing forth the Order of Protection. Examples include:

• Current or Former Dating Partners or Spouses 
• Parent of a Child Shared Between the Parties 
• Family Members (Biological and Non-Biological) 
• In-Laws 
• Caregivers To a Disabled Person Within a Family 
• Legally Appointed Guardians or Custodians of a Child Within A Family. 

Form of Abuse Required: There are multiple forms of abuse that can be alleged in an Order of Protection. Not all forms of abuse need to be achieved, however. Rather, there needs to be a finding of abuse and good cause to issue an Order of Protection. Forms of abuse include: 

• Harassment 
• Physical Abuse 
• Stalking 
• Willful Deprivation 
• Intimidation of a Dependent 
• Exploitation of a High-Risk Adult with Disabilities 
• Neglect of a High-Risk Adult with Disabilities 
• Interference with Personal Liberty 

Who Can be Protected by Orders of Protection: An Order of Protection can protect the party bringing forth the Order of Protection, minor children shared with the aggressor party, dependent adults, high-risk adults, or other members of the household where the party resides. 

Burden Required for Order of Protection: In civil Orders of Protection, the burden of proof necessary is based upon a preponderance of the evidence. In layman's terms, this means that the testimony/evidence required needs to give rise to the fact that, more likely than not, the claims made in the Order of Protection proceedings are true.  

Protections Granted by an Order of Protection 

Remedies Provided: If a Court deems that an Order of Protection (Plenary or Emergency) Petition was brought in good faith and meets the preponderance of the evidence burden, the Court has the authority to issue protections for the party who obtained an Order of Protection. Such protections can take the following forms: 

• Stay Away Orders: An abuser shall have no communication with the abused party and/or is ordered to stay away from the abused party. Furthermore, the Court can order a party to stay away from other areas that the abused party frequents (e.g., workplaces, schools of minor children, etc.). 

• Possession of Residence Orders: An abused party can be awarded exclusive possession of a residence (if shared by the parties). 

• Corrective Counseling Orders: An abuser can be compelled to engage in a domestic violence program, alcohol/substance abuse evaluations, and mental health evaluations. 

• Possession of Children Orders: An abused party can be awarded possession of minor children, temporary significant decision-making responsibility for children, and/or there can be a temporary parenting time plan established between the parties. This also extends to barring parties from concealing or removing the children from Illinois. 

• Restrictions on Property: An abused party can be awarded possession of personal property (e.g., vehicles, storage lockers, animals) to an abused party and can also control the disposition of funds in situations related to elder abuse. 

• Temporary Support Orders: An abused party can be awarded temporary child support or temporary maintenance (formerly known as alimony) to the abused party if there is a domestic relationship between the abuser and the abused party. 

• Payments for Loss Suffered: An abused party can be awarded fees for costs relative to medical expenses, lost earnings, property damage/removal, moving/travel expenses, expenses for recovery of children, and reasonable attorney fees. 

• Firearms: An abuser may be compelled to turn over all firearms in their possession to local authorities. 

• Children Records: An abused party is entitled to access to any of the medical, school, or other required information for minor children of the parties. 

• Miscellaneous Remedies: At the discretion of the Court, other remedies not herein listed may be awarded to the abused party. 

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Emergency Orders of Protection 

The Purpose of an Emergency Order of Protection: An Emergency Order of Protection is brought when an abused party, fearful of an abuser due to ongoing or recent abuse, wishes to secure an Order of Protection without the abuser being notified of the court proceedings. This may only be done if the abused party can articulate to the Court that if the abuser were notified, there would be more abuse to the abused party for seeking an Order of Protection. 

Length of Emergency Order of Protection: An Emergency Order of Protection is a short-term order that lasts for at least 14 days but not more than 21 days after the granting of the Emergency Order of Protection. This is because the abuser is entitled to a hearing on the merits of the Emergency Order of Protection after it is granted, as it was conducted without advance notice to the abuser.

This system balances protecting the abused party from any further abuse by seeking an Emergency Order of Protection while also allowing an alleged abuser to refute the abused party's claims at a trial on the matter. Parties can agree to continue an Emergency Order of Protection, but it must be renewed with the Court via agreement. 

Initial Steps for Securing an Emergency Order of Protection: It is always wise to consult an attorney concerning an Emergency Order of Protection, but if reaching out to an attorney may cause further abuse by the abuser, the following steps can be taken to initiate an Emergency Order of Protection matter: 

1. Go directly to the nearest courthouse in the county where you live or to a courthouse in the county where the abuse occurred. Request a victim advocate at the courthouse, who shall help you prepare the Petition for Emergency Order of Protection. 

2. Prepare the Petition for Emergency Order of Protection, and file such with the Court through the courthouse clerk's office. 

3. Appear in Court and testify regarding the Emergency Order of Protection. Bring all evidence elaborated within the Petition for Emergency Order of Protection. 

4. If the Emergency Order of Protection is granted by the Court, follow the Court's order and instructions.

After Acquiring an Emergency Order of Protection

When an Emergency Order of Protection is granted, the police and/or sheriff's office will serve the abuser with the Emergency Order of Protection. The Court will also set a date for a hearing on the Emergency Order of Protection, as the abuser still maintains the right to refute the allegations brought by the abused party. 

Emergency Order of Protection – Hearing with All Parties: As discussed previously, an Emergency Order of Protection is only temporary in nature. A hearing with all parties on the merits of the Emergency Order of Protection will be held at a time set by the Court, which is often between 14 and 21 days after an Emergency Order of Protection is granted. At the hearing, the Court will need to decide if the Emergency Order of Protection should be extended into a Plenary Order of Protection or if the Emergency Order of Protection should be dissolved.  

Plenary Orders of Protection 

The Purpose of a Plenary Order of Protection: A Plenary Order of Protection is brought when an abused party, who is not in fear of further abuse by bringing the Plenary Order of Protection, would like a long-lasting Order of Protection. This may be done if there is recent abuse, and the abused party will not suffer further abuse if the abuser was notified of the Plenary Order of Protection. 

Length of Plenary Order of Protection: A Plenary Order of Protection can only last up to two (2) years. This is to balance the protection of the abused party, and the negative impact on the abused party for being found to have engaged in abuse, warranting a Plenary Order of Protection. 

How Plenary and Emergency Orders of Protection Correspond: All Emergency Orders of Protection will have a trial on whether they should be extended into a Plenary Order of Protection. Plenary Orders of Protection serve as the final form of a civil Order of Protection. 

Initial Steps: It is always wise to consult an attorney concerning a Plenary Order of Protection. The following steps can be taken to initiate a Plenary Order of Protection matter: 

1. Contact an attorney and discuss the events giving rise to a Plenary Order of Protection. An attorney may, after consultation, determine that an Emergency Order of Protection may be more appropriate depending on the recency of the abuse and the specific form of abuse. 

2. Prepare a Petition for Plenary Order of Protection, either with an attorney or by meeting with a victim advocate at the nearest courthouse in the county where you live or a courthouse in the county where the abuse occurred. 

3. File and serve the Petition for Plenary Order of Protection on the abuser party, giving the abuser notice of the trial date set for the Plenary Order of Protection. 

4. Prepare all evidence to tender to the abuser prior to the trial date. 

5. If the Plenary Order of Protection is granted by the Court, follow the Court's order and instructions. 

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After Acquiring an Emergency Order of Protection

When a Plenary Order of Protection is granted, the police and/or sheriff's office will serve the abuser with the Plenary Order of Protection. The protections in the Plenary Order of Protection shall extend for as long as the Order states. 

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