Orders of protection (OPs) are essential tools that can keep people safe if they have been abused, threatened, or harassed. Usually, OPs are common in domestic violence situations. In Illinois, just as it is across the country, OPs can come in different forms depending on the specific details of a situation, as well as the evidence involved in a particular case. The two most common are Emergency Order of Protection (EOPs) and Plenary Order of Protection (POP).
Both petitioners and respondents can benefit from understanding the difference between the two and how one can transition into the other. If you have questions about OPs or need help obtaining or defending against an OP, you are welcome to call the Schaumburg order of protection attorneys at Glasgow & Olsson.
Emergency Order of Protection (EOPs)
As a temporary court order, an Emergency Order of Protection is issued to the respondent, swiftly and without prior notice. The reason why these orders are issued quickly and without giving any notification to the respondent is that the court believes the situation presented to them is urgent and the petitioner is in immediate danger.
Critical features of an EOP include:
- Issued ex parte, which means that only the petitioner is present at an EOP hearing.
- There is no requirement for ample evidence. In fact, usually EOPs are issued on limited evidence, such as the sworn statement of the petitioner.
- Provides legal safeguards for the petitioner for only a short period of time until a hearing is scheduled and held.
- May include restrictions such as the need for the respondent to surrender their firearms or leave their residence if it is shared with the petitioner.
Plenary Order of Protection (POPs)
A Plenary Order of Protection provides a petitioner with a longer-term solution to protecting themselves from harm. Here, the respondent is notified of action being taken against them, and a formal court hearing is scheduled. During the court hearing, both parties are given the opportunity to make their case and present evidence to support their position.
Critical features of a POP include:
- A process that is more robust by providing both sides the chance to argue their case.
- Requires that the respondent be notified of the order of protection and the court hearing.
- A longer-term form of legal protection that can last for as long as two years, and, where applicable, be extended beyond the initial ruling.
- May include many restrictions, such as custody provisions or even financial support orders.
In Conclusion
Both EOPs and POPs have their place in the legal system and balance the need a petitioner may have for immediate safety while also offering, potentially, a long-term plan for protection. While an EOP is issued fast for cases that are deemed emergencies, POPs provide the most long-lasting safeguards once a full hearing is concluded and the evidence shows the need exists.
Trusted, Proven Legal Representation for an Illinois Order of Protection
When your future, reputation, and life circumstances are on the line, you need a defense that is serious and results-driven. We at Glasgow & Olsson will fight for the future you deserve and will present a legally grounded argument aimed at helping the court focus on the essential facts in your case and tip the balance of justice in your direction.
We are a trusted and respected order of protection law firm in Illinois, which is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters, speak with a Chicago order of protection attorney today to learn how we can get you the results you deserve.