Obtaining an Emergency Order of Protection

Despite our different backgrounds, most of us yearn for intimacy and affection. We are all looking for love, and we try to use our best judgment looking for partners who are safe, comforting, and secure. But what happens when for some reason or another – details we could never have known, the rose-tinted glasses of infatuation – we end up in a close relationship with a dangerous or abusive person? Domestic abuse – whether physical, verbal, or mental – causes obvious damage, but also can create lasting trauma. We understand the urgency and the danger of leaving an abusive partner, and we do not treat the risk lightly. At the same time, we appreciate the bravery and conviction of victims. Below we will explain how to obtain an Emergency Order of Protection (EOP) to get protection immediately.

How to Apply for an EOP

It is relatively simple to apply for an EOP. The first step is simply to fill out a form available on the Illinois Court government website. The form is somewhat lengthy and although seemingly straightforward to fill out, requires specificity in pleading due to the fact that Orders of Protection proceedings have special rules that don’t apply in any other legal proceeding. Once the form has been completed, the petitioner will need to have their attorney schedule a hearing with a judge. Because of the emergency nature of the hearing, the risk of retaliation and threat, the offender does not need to be present at the hearing.

Emergency Protection begins as soon as the petition is approved by a judge. EOPs will last for a period of 14 up to 21 days, depending on the particular order. Once the order has been approved, a service of order will be delivered to the offender by a police officer. The offender will thereby be legally compelled to abide by the terms of the order and to appear in court for a hearing on the allegations.

What Do I Need to Prove for an EOP?

What you need to prove in order to receive an EOP is the same as what you need to prove in order to receive an non-emergency Order of Protection. You will need to prove that you were harassed, threatened physically, sexually abused or deprived of your basic needs. In order to prove harassment, you will need to prove that your offender’s action would cause any reasonable person to become distressed and that you were distressed by their actions.

Generally, the hearing for an EOP must be done within 24 hours of the last action by the abuser for the emergency powers of the Court to be invoked. If you wait too long, the Judge will not deem your request an emergency and deny your EOP. It is important to act quickly to obtain the EOP. The hearing will not require the offender to be present, and judges understand that if you are filing for an EOP, you may be in immediate danger. Scrutiny for EOPs is less strict than for a plenary Order of Protection because the court wants to guarantee the safety of those in need of immediate protection.

Contact an Experienced Lawyer Today

It is important to get professional help in matters involving your safety. Do not delay in applying for an EOP if you need one. Glasgow & Olsson is uniquely qualified to help, especially if you have been granted an EOP and need help applying for a plenary Order of Protection to extend your emergency order. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.

This entry was posted in: 

And tagged: