What Are the Different Types of Orders of Protection, and Who Can Get Them?
By: M. Scott Gordon
What can a Chicago area resident do if they are in fear of bodily harm or other harm at the hands of a spouse or family member? The Illinois Domestic Violence Act of 1986 (750 ILCS 60/) contains protections for people who are subjected to domestic violence, including the ability to seek an order of protection. The Act identifies domestic violence as “abuse,” which it then defines as physical abuse or harassment, among other actions. When a person is a victim of domestic violence or is in fear of this type of abuse, she or he can be eligible to seek an order of protection.
The Act explains that there are three different types of orders of protection, including: emergency orders, interim orders, and plenary orders. We want to go through the difference between each of these types of domestic violence orders of protection, and then to clarify who can be eligible to obtain one of these orders of protection.
Understanding the Three Different Types of Orders of Protection
There are three different types of orders of protection in situations involving domestic violence:
Who Can Get an Order of Protection?
Orders of protection are available under the Act for the following persons:
While the above persons may be eligible to receive a protective order, only certain persons can file a petition for a protective order, including:
To be clear, a person cannot simply file a petition for an order of protection for a competent adult who chooses not to file an order himself or herself.
Contact a Chicago Order of Protection Lawyer