Illinois Orders of Protection Frequently Asked Questions (FAQs)
The Role Of Orders Of Protection In Illinois Divorce Cases
As a divorce attorney practicing in Schaumburg, I have represented many individuals facing difficult situations involving domestic conflict, emotional stress, and complex court procedures. One issue that often arises during or before divorce proceedings is the need for an Order of Protection. This legal tool is designed to safeguard victims of abuse, harassment, or threats while ensuring fairness to both parties. When issued, it can significantly affect your family relationships, child custody arrangements, and property access.
Under the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.), an Order of Protection allows the court to restrict an individual’s contact with another person to prevent abuse or intimidation. If you are going through a divorce or separation, the existence of such an order can play a crucial role in determining temporary custody, parenting time, and even possession of the marital home. These matters frequently intersect with the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq.), making it vital to understand how these statutes work together.
What Is An Order Of Protection Under Illinois Law?
An Order of Protection is a court order that restricts certain behavior to protect an individual from harassment, threats, or physical harm. In divorce cases, it can protect spouses or children from conduct that the court deems abusive. The court may issue the order after reviewing evidence, testimony, or sworn statements from the petitioner.
According to 750 ILCS 60/214, a judge may prohibit the respondent from contacting or approaching the petitioner, grant temporary custody of children, award exclusive possession of the shared home, and require the respondent to surrender firearms. These orders carry immediate legal force, and violating one can result in arrest or additional criminal charges under 750 ILCS 60/223.
What Are The Types Of Orders Of Protection In Illinois
Illinois law provides three main types of Orders of Protection, each varying in duration and scope depending on the circumstances:
Emergency Order Of Protection (EOP)
An EOP can be issued immediately without the respondent being present if the court finds that harm is imminent. As outlined in 750 ILCS 60/217, these orders are typically valid for up to 21 days.
Interim Order Of Protection
Under 750 ILCS 60/218, an interim order may be issued once the respondent has received notice of the proceedings. It lasts up to 30 days and serves as a bridge between the emergency and plenary stages.
Plenary Order Of Protection
This is the most comprehensive form of protection. As stated in 750 ILCS 60/219, a plenary order is issued after a full hearing and can remain in effect for up to two years. It may be extended upon request if ongoing safety concerns exist.
How Do Orders Of Protection Affect Divorce Proceedings?
An Order of Protection can influence nearly every aspect of a divorce case in Illinois. For example, a court may grant temporary custody or restrict parenting time to safeguard a child from exposure to conflict or violence, consistent with 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act.
If you are the petitioner, an order can help ensure your safety and the safety of your children during the divorce process. If you are the respondent, a court’s finding of abuse can impact your custody rights, financial arrangements, and even your reputation in court filings. Violating an order can result in criminal contempt or misdemeanor charges, which further complicate divorce outcomes.
I always tell clients that these cases are not just about accusations—they are about facts, evidence, and credibility before the judge. Having experienced legal representation ensures that your rights are protected, whether you are requesting or defending against an Order of Protection.
Should I Have Legal Representation?
It is easy to underestimate the legal complexity of these proceedings. Many people assume that obtaining an Order of Protection is a straightforward matter of paperwork, but in reality, these hearings can have significant consequences for property division, spousal support, and child custody.
As an attorney, my role is to thoroughly evaluate your case based on the evidence, prepare your testimony, and safeguard your long-term interests. For example, if a temporary order has been issued against you, I can request a full hearing under 750 ILCS 60/219 to challenge the allegations and present evidence in your defense. On the other hand, if you are the petitioner seeking safety, I will work to ensure the order includes all necessary protections.
A well-prepared case can make the difference between a temporary solution and long-term security for you and your children.
What Happens When An Emergency Order Of Protection Is Granted?
When a judge issues an Emergency Order of Protection, the respondent is immediately prohibited from contacting or approaching the petitioner. The police can enforce this order right away. The respondent will later receive notice of a hearing where a longer-term order, such as a plenary order, may be considered. Although emergency orders typically last only about 21 days, they can have immediate effects on housing, parenting, and communication.
Can An Order Of Protection Affect My Custody Or Parenting Time In A Divorce?
Yes. Under 750 ILCS 5/602.7, a judge must consider any history of abuse or protective orders when determining the best interests of a child. If an Order of Protection is in effect, it can temporarily limit parenting time or custody until the court conducts a full hearing. However, these restrictions are not always permanent and can be modified as the situation changes.
What If Someone Files A False Order Of Protection Against Me?
False allegations, unfortunately, occur in some divorce cases. You have the right to challenge an order by requesting a full hearing where evidence and testimony are presented. Having legal representation allows you to present text messages, witness statements, or other proof to refute the claims. If the court determines the accusations are false, the order can be dismissed and may influence other aspects of the divorce in your favor.
Can An Order Of Protection Be Modified Or Dismissed?
Yes. Either party may petition the court to modify or vacate the order under 750 ILCS 60/224. For example, the petitioner may request additional protections, or the respondent may seek to remove certain restrictions if circumstances have changed. The court reviews these requests carefully to ensure safety and fairness.
What Should I Do If I Am Served With An Order Of Protection?
If you receive notice of an Order of Protection, you must comply with all its terms immediately, even if you disagree with the allegations. Violating the order can lead to arrest. You should contact an attorney as soon as possible to review your options and prepare for your court date. Your lawyer can gather evidence, interview witnesses, and represent you at the hearing.
How Long Does A Plenary Order Of Protection Last In Illinois?
A plenary order typically lasts up to two years under 750 ILCS 60/219, but the court may renew it upon request. If safety concerns continue, the order can be extended for additional periods. A well-documented record of ongoing harassment or threats strengthens renewal petitions.
Seeking Or Defending An Order Of Protection In Schaumburg
Whether you need protection or are defending against false or exaggerated claims, the process can be intimidating. I regularly help clients throughout Schaumburg and the greater Chicago area understand their rights, gather evidence, and prepare for hearings. Every case is unique—some involve immediate safety concerns, while others stem from conflicts during separation or divorce.
It is crucial to remember that an Order of Protection is not a substitute for a divorce decree, nor does it resolve property or custody permanently. It is a temporary measure that must be considered alongside your overall divorce strategy.
Contact Our Schaumburg Family Law Firm For Legal Protection
If you are dealing with an Order of Protection connected to your divorce or family matter, you do not have to handle it alone. At the Law Office of Fedor Kozlov, I represent clients across Schaumburg and throughout Chicago in divorce and family law cases involving domestic violence, custody, and court-ordered protection. Call my office today at (847) 241-1299 to schedule a consultation and discuss how I can help protect your rights and your future.
