Illinois Interim Orders of Protection Explained

Illinois Emergency Orders of Protection and Illinois Interim Orders of Protection Explained

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Updated on:
July 15, 2018

In this article, we will explain the different types of Illinois Orders of Protection, including the difference between Illinois Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection.  We will explain what Emergency Orders of Protection and Interim Orders of Protection are, how long they last, and what purposes they are used for.  

Illinois Orders of Protection are court orders intended to protect the petitioner or another protected party from abuse by a family or household member.  You should be aware that the definitions of the terms “abuse” and “family or household members” are both very broad.  For some foundational information on Illinois Orders of Protection, check out our articles: Illinois Orders of Protection Explained, and How to File a Petition for an Order of Protection in Illinois.

What is the Difference Between an Emergency Order of Protection, An Interim Order of Protection, and a Plenary Order of Protection in Illinois?

There are three basic types of Orders of Protection in Illinois: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection.  

  • Plenary Orders of Protection are final orders issued after the petitioner has been served notice, has appeared in court, or has filed an appearance and after a final hearing on the merits has been conducted.  
  • Emergency Orders of Protection are intended to protect the petitioner for a short time period before the respondent can be served with notice of the petitioner's Petition for Orders of Protection.  
  • Interim orders of protection are intended to protect the petitioner during the period between the time that the respondent has received notice of the petition and the time that a final hearing on the merits can be conducted.   

The primary differences between Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection are:

  • The duration for which the Order of Protection is effective;
  • The types of remedies that can be granted in the Order of Protection; and
  • The extent to which notice and service of process to the respondent is necessary to obtain the Order of Protection.  

Illinois Emergency Orders of Protection Explained

Emergency orders of protection may be processed even during hours when courts are typically closed.  An Emergency Order of Protection does not require that notice be served upon the respondent.  It is enforceable for a duration of at least 14 days and no more than 21 days.  The order will contain a hearing date for a Plenary Order of Protection to coincide with the expiration of the Emergency Order of Protection.  

Because the hearing for an Emergency Order of Protection is held without the respondent present (“ex parte”), the petitioner must establish the necessity of the emergency proceeding.  The petitioner does this by showing that the Emergency Order of Protection is necessary to prevent harm that would be likely to occur if the respondent was given notice of the proceeding.  

Although the hearing for an Emergency Order of Protection may be held without providing notice to the respondent, the order is not enforceable until the respondent is served with notice that the order has been entered or acquires knowledge of the same through other means.

Since the respondent is not given notice of the hearing the types of remedies that may be ordered in an Emergency Order of Protection are limited.  The court may not order counseling, changes to custody arrangements for minor children, payment of maintenance or child support, or monetary damages in an Emergency Order of Protection.  

Illinois Interim Orders of Protection Explained

Illinois courts may issue an Interim Order of Protection to cover the period between the time that the respondent has been served with notice of the proceedings and the final hearing on the merits of the case.  Interim orders of protection may be effective for up to 30 days.  Unlike an Emergency Order of Protection, an Interim Order of Protection requires that the respondent be served with notice, that the petitioner show a diligent attempt to serve notice, or that the respondent has appeared in court or filed an appearance.

An Interim Order of Protection can be effective for a longer time period than an Emergency Order of Protection.  However, like an Emergency Order of Protection, the remedies for an Interim Order of Protection are limited because there has not yet been a final hearing on the merits.  Like an Emergency Order of Protection, the court may not order counseling, payment of maintenance or child support, or monetary damages in an Interim Order of Protection.  Unlike an Emergency Order of Protection, an Interim Order of Protection can temporarily resolve custody issues until the final hearing on the merits.

Illinois Plenary Orders of Protection Explained

Plenary Orders of Protection are the final order in an Illinois Order of Protection case, entered after the respondent has been served with process and a full hearing on the merits of the case has been conducted.  

Plenary Orders of protection are effective for an explicit time period contained in the order, not to exceed two years.  However, Plenary Orders of Protection may have a longer duration if associated with a domestic proceeding or other civil litigation.  

Plenary Orders of Protection may include a wider range of remedies than Emergency Orders of Protection and Interim Orders of Protection.  For more on the types of remedies available for Plenary Orders of Protection, check out our article: Remedies for Illinois Orders of Protection.  

For a full explanation of Illinois Plenary Orders of Protection, check out our article: Illinois Orders of Protection Explained.

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, Illinois.

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Illinois Emergency Orders of Protection and Illinois Interim Orders of Protection Explained
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

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