The Three Types Of Orders Of Protection
As a divorce attorney in Schaumburg, I have witnessed firsthand how emotionally charged and complex family law matters can become, especially when safety and protection are at issue. Orders of protection are among the most powerful legal tools available under Illinois law to safeguard individuals who have been threatened, harassed, or abused by a spouse, partner, or family member. These orders can dramatically affect divorce proceedings, custody arrangements, and even property access. Understanding the three types of orders of protection and how they interact with your divorce case is critical to protecting your rights and safety.
Understanding Illinois Orders Of Protection
In Illinois, orders of protection are governed by the Illinois Domestic Violence Act of 1986, codified under 750 ILCS 60/101 et seq. The statute defines domestic violence broadly to include physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation. The purpose of an order of protection is to stop this conduct and provide immediate safety for the petitioner and any affected family members.
When a person petitions for an order of protection, the court must determine the appropriate level of urgency and duration. This decision determines which of the three types of orders—Emergency, Interim, or Plenary—will apply. Each serves a unique purpose and carries specific legal implications during a divorce or custody dispute.
Emergency Order Of Protection (EOP)
An Emergency Order of Protection (EOP) offers immediate and short-term protection. Under 750 ILCS 60/217, a judge can issue an EOP without notifying the other party (known as the respondent) if the court believes that immediate harm would result from any delay. These orders often last between 14 and 21 days.
An EOP can include several forms of relief: prohibiting contact, requiring the abuser to vacate a shared residence, granting temporary custody, or ordering the respondent to stay away from the petitioner’s workplace or school. Because EOPs can be issued ex parte—meaning without the respondent’s presence—they provide fast protection but are not permanent.
From a divorce standpoint, an EOP can significantly influence temporary custody, parenting time, and even property possession. If an EOP is granted, I often advise clients to prepare documentation, witness statements, and communication logs to strengthen their position at the upcoming full hearing for a longer-term order.
Interim Order Of Protection (IOP)
An Interim Order of Protection (IOP) serves as a transitional measure between an emergency and a permanent order. According to 750 ILCS 60/218, an IOP may be granted after the respondent has been served with notice of the proceedings but before a full evidentiary hearing is held. Interim orders typically last up to 30 days.
An IOP provides continued protection when the emergency order expires, but the court has not yet completed the hearing on the plenary order. This stage is especially critical during an ongoing divorce, as the IOP maintains boundaries and security while evidence and testimony are being prepared.
I frequently remind my clients that violating an interim order carries criminal penalties under 720 ILCS 5/12-3.4, which classifies such conduct as Violation of an Order of Protection, a Class A misdemeanor or higher depending on prior offenses. During this stage, it is vital to maintain clear, court-approved communication methods—especially when children are involved.
Plenary Order Of Protection (POP)
A Plenary Order of Protection (POP) is the most comprehensive and long-lasting of the three. As outlined in 750 ILCS 60/219, the court issues a plenary order only after both parties have the opportunity to appear at a full hearing. The judge reviews testimony, evidence, and witness accounts before deciding whether to grant the order.
A plenary order can last up to two years and may be renewed upon request. It can include wide-ranging restrictions such as no-contact provisions, custody arrangements, support obligations, or mandatory counseling for the respondent.
From my perspective as a divorce attorney, a plenary order often has lasting effects on divorce outcomes. It can influence parenting time, residential arrangements, and even spousal support considerations. Courts take these orders seriously, and violations can result in arrest, contempt charges, or additional penalties.
How Orders Of Protection Impact Divorce Proceedings
Orders of protection frequently intersect with divorce cases filed under the Illinois Marriage and Dissolution of Marriage Act. If an order of protection includes provisions affecting custody or property, those terms may later become part of the divorce judgment.
For example, if a temporary custody arrangement is set within an order of protection, the court may use that arrangement as a foundation for a longer-term parenting plan. Similarly, if one spouse is barred from a shared home, it can affect property division or temporary spousal support.
As an attorney, I help my clients understand how protective orders influence their overall case strategy. These orders are not just safety measures—they carry legal and emotional consequences that can reshape the course of a divorce.
What To Do If You Need Protection
If you believe you are in danger, contact law enforcement immediately and seek an Emergency Order of Protection through your local circuit court. In Cook County, including Schaumburg and the surrounding suburbs, orders can often be obtained the same day with the assistance of a judge on duty.
Afterward, it is important to consult with an experienced family law attorney who can ensure that your petition is properly filed, evidence is preserved, and your rights are protected. If you have been served with an order of protection, it is equally vital to obtain legal representation before the hearing. Violating an order, even unintentionally, can lead to criminal charges.
FAQs About Illinois Orders Of Protection
What Is The Difference Between An Emergency, Interim, And Plenary Order Of Protection In Illinois?
An Emergency Order of Protection offers immediate, short-term safety, typically lasting 14 to 21 days, and may be issued without the respondent’s knowledge. An Interim Order provides protection for up to 30 days after the respondent has been served, and a Plenary Order offers long-term relief, lasting up to two years following a full hearing. Each type escalates in duration and procedural requirements, ensuring continued protection as the court evaluates the case under 750 ILCS 60/217–219.
Can An Order Of Protection Affect My Custody Rights In A Divorce Case?
Yes. Courts consider the best interests of the child under 750 ILCS 5/602.7, and if an order of protection restricts contact or access to the home, it may affect temporary or final parenting time. Judges prioritize child safety, so evidence of domestic violence or threats can heavily influence custody decisions.
What Happens If Someone Violates An Order Of Protection?
Violating an order of protection is a serious offense under 720 ILCS 5/12-3.4. Even a single violation—such as texting the petitioner when prohibited—can result in arrest and criminal charges. Repeated violations may be charged as felonies. Courts can also impose jail time or extend the order.
How Can I Defend Myself If I Was Wrongfully Accused Of Domestic Violence?
If you have been wrongfully accused, it is essential to gather evidence, witness statements, and communications that contradict the claims. A skilled attorney can represent you at the plenary hearing, cross-examine witnesses, and challenge inconsistencies. The burden of proof lies with the petitioner, and demonstrating a lack of intent or false allegations can help you avoid lasting consequences.
Can An Order Of Protection Be Modified Or Dismissed?
Yes. Either party can file a motion under 750 ILCS 60/224 to modify, extend, or vacate an order if circumstances have changed. The court will review the motion and determine whether continued restrictions are necessary. Having an attorney ensures that modifications are presented with proper documentation and legal grounds.
Can I File For Divorce And An Order Of Protection At The Same Time?
Absolutely. Many individuals file both petitions concurrently. The order of protection can be filed in the same courthouse where your divorce case is pending, and the cases can be consolidated under 750 ILCS 60/210 for efficiency. This allows the same judge to consider the full context of your family situation.
Do I Need An Attorney To File For An Order Of Protection?
While individuals can file pro se (without an attorney), representation significantly improves your chances of success. I ensure that petitions are drafted accurately, evidence is clearly presented, and your rights are safeguarded. Legal counsel also helps prevent missteps that could weaken your case or result in unintentional violations.
Call The Law Office Of Fedor Kozlov For Skilled Legal Protection
If you are facing threats, harassment, or abuse during a divorce or custody dispute, your safety is the top priority. I have represented clients throughout Schaumburg and the greater Chicago area who needed swift and effective protection under Illinois law. The legal system offers strong safeguards, but timing and presentation are critical.
Contact our Chicago divorce attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. I will explain your options under Illinois law, file petitions on your behalf, and ensure that your rights are protected both inside and outside the courtroom.
Whether you need to obtain an order of protection or defend against one, my office stands ready to help individuals throughout Schaumburg and across Cook County, Illinois.
