Orders of Protection

 Posted on April 26, 2013 in Family Law

Order of Protection is the legal term for a “restraining order,” which is a document signed by a judge that states that a specified person must stop a certain behavior and stay away from the person who asked for the order. The person who asked for the order is the petitioner and the person who is served with the order of protection is called the respondent. Filing a petition for an Order of Protection is the first step in getting an order of protection. In the petition, the petitioner must state why they are asking for the order against the defendant. Specific “incidents of abuse” are also noted in a section of the petition that describes past events that have led to a need for an Order of Protection. After consideration of the petition, the judge will choose to grant and Order of Protection or not to grant one. There are three different types of Orders of Protection that can be granted, including:

1. Emergency Order of Protection
2. Interim Order of Protection, and
3. Plenary Order of Protection.

An Emergency Order of Protection is often granted the quickest in order to stop abuse, but only lasts 14 to 21 days. Judges may also grant these orders without notifying the defendant first. An Interim Order of Protection is granted usually while waiting for something else to happen such as a hearing or trial and can only last for 30 days. Interim Orders are often granted while the petitioner is attempting to notify the defendant of an Order of Protection hearing for a more permanent order. A Plenary Order of Protection is only granted after both the petitioner and the defendant have presented arguments to a judge and can last up to two years. If you need to petition for an Order of Protection against someone else, contact a family law attorney for assistance. Goostree Law Group, located in Kane County can help you file today.