We know that petitioners require different kinds of protection depending on their circumstances. Additionally, we know that those issuing a restraining order will want to understand what the terms of their order are, how long it will last, and what the legal burden is. There are various different types of restraining orders, and these different types and conditions can indicate different lengths and terms. It is important to know the differences between the lengths of Plenary Orders of Protection, Stalking No Contact Orders, and Emergency Orders of Protection.
In Illinois, there are two main types of Orders of Protection — Emergency Orders of Protection and Plenary Orders of Protection. The two types of protection differ in how long the protection lasts and in whether a respondent must be present at a court hearing where they can present evidence and testimony in their defense. The different types of orders also possess different terms and lengths.
Emergency Orders of Protection
An emergency order of protection, or EOP, is a type of court order that can be obtained without the respondent being present. In an EOP, the court can grant a petitioner from seven to up to 21 days of protection from abuse. However, if an emergency protective order is granted, it can be extended into a plenary order, which can last for two years. If you have filed an EOP and your EOP period has ended, you can file a petition for an extension into a plenary order and attend a hearing on the extension request.
EOPs are for petitioners who need immediate emergency protection and who do not want to aggravate their abusers with a court hearing and court process for fear of immediate retribution. The terms of the protective order can vary depending on what the judge decides, but due to the quicker nature of the process, the terms of protection may be less comprehensive than in a plenary order. Engaging an attorney to help you obtain both an emergency order and a plenary order is always the best course of action to insure that you are fully protected under the law.
Plenary Orders: SNC and OP
While Orders of Protection are intended to protect victims of abuse from family members, boyfriends, spouses, or household members, SNCs protect against threatening persons who are not eligible for Orders of Protection. The length of an SNC mirrors that of a plenary order of protection. Plenary orders of protection last up to two years and can be renewed each year and may last indefinitely, just like Stalking No Contact orders.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety. Glasgow & Olsson is uniquely qualified to help in your order of protection and stalking no contact order cases. If you need help petitioning and providing evidence at a hearing, we have the experience. We can help you understand the various lengths and terms of each different type of restraining order. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.