Oak Brook Orders of Protection Attorney

Illinois Family Law Attorney Serving Clients with Orders of Protection in Oak Brook

Domestic violence can happen in any family situation in Oak Brook, Illinois. When a family member has been the victim of domestic violence or is in fear of bodily harm, she can seek what is called an “order of protection” under Illinois law (750 ILCS 60/). Under the statute, a “family member” comprises many different individuals, including people who live in the same home as one another even if there is no blood relation.

If you have questions, an Oak Brook orders of protection attorney can help.

What is an Oak Brook Order of Protection?

An Order of Protection is a court order that has legal force to prevent domestic violence from happening. According to the statute, an order of protection is defined as “an emergency order, interim order, or plenary order.” What are the differences among these different types of protective orders?

• Emergency order: An emergency order of protection is a court order that is issued on an emergency basis. It is designed to protect the petitioner—meaning the person who files for the order of protection—against harm from a particular family or household member. The person against whom the order of protection can be enforced is known as the respondent. The emergency order is only designed to last for a short amount of time until a court hearing can occur–anywhere from 14 to 21 days. This particular type of protective order is usually issued because there is a pressing risk of harm. The court issues an emergency order through an “ex parte” hearing in which the respondent does not need to be notified. When the court issues an emergency order, at the same time it will set a calendar date for a hearing for a plenary order.
• Interim order: An interim order is somewhat similar to an emergency order in that it only lasts for a short period of time—typically up to 30 days. However, unlike an emergency order, this type of order is not issued because there is an immediate risk of harm in an emergency situation. Instead, this type of order is issued when a respondent has been served and a hearing date has been set for the plenary order. In other words, this is an order that takes effect between the time a respondent is served and when the plenary order hearing occurs.
• Plenary order: A plenary order is a type of order that is issued by a judge for a longer period of time, and it is only issued once a judge hears from both parties—the person seeking the protective order and the person against whom the protective order is sought. The respondent does not have to show up for the hearing, but she or he must have the opportunity to do so. A plenary order can last for up to two years.

Contact an Oak Brook Orders of Protection Lawyer

If you have questions about seeking an order of protection, you should speak with an Oak Brook order of protection lawyer as soon as you can. Contact the Law Office of George M. Sanders, P.C. for more information about how we can help with your situation.