Orders of Protection: Know the types
Cook County Circuit Court classifies an order of protection in three various capacities based upon the imminent threat the petitioner is experiencing at the time of filing. Because of the fact domestic violence encumbers a broad range of offensives, it is impossible to unilaterally categorize everything on the same scale. When judges review a petition requesting an order of protection, many factors are involved in determining whether or not an order shall be granted, and if one is indeed granted, what type shall the petitioner receive.
Here are the 3 protective orders Cook County Court issues:
An Emergency order of protection
A Plenary order of protection
An Interim order of protection
An emergency order of protection is taken with the utmost seriousness and issued by judges who feel the petitioner is in the gravest danger from the abuser because these cases almost always involve physical violence or tangible evidence of a threat along with a police report documenting the incident(s). A judge will usually granted an emergency order of protection to quickly eradicate or prevent future abuse. An emergency order only lasts for 14 to 21 days. The judge can enter this type of order of protection without notifying the respondent until after it has already granted against the person.
A plenary order of protection is entered after the accuser and you have presented your arguments at a hearing in front of a judge. This is the final order stemming from either an emergency or interim order. Some of the outcomes of securing a plenary order of protection include: setting limits regarding a radius to where your abuser cannot come near you, being excluded from your home—even if their name is on the lease, inability to contact you by phone, at work, school and even temporary legal custody of your child(ren). This type of order may last for up to two years.
An interim order of protection is a temporary order. A judge may grant an interim order of protection while waiting for a hearing or a trial. An interim order may last up to 30 days. This type of order is typically entered while the the respondent is being notified of an order of protection hearing. An interim order can include all of the protections of a plenary order of protection except including an order for counseling, legal custody, support payments, or reimbursement for costs/damages unless the abuser filed a general appearance in court or has been personally served. If the abuser appears in court (files a general appearance), s/he has the right to testify at the hearing.
Filing any order of protection is a very serious matter and should be treated as such. If you are experiencing domestic violence in any capacity please obtain the proper legal assistance you need to make sure you are protected to the fullest extent of the law.
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