How fast can you get a restraining order? In DuPage County and elsewhere in Illinois, you can usually get an emergency order the same day you file for it or within 24 hours of filing. This emergency order can offer protection for two to three weeks. Interim and plenary orders can provide longer-term protection but require more time to get. You may need a few weeks to a few months (the latter especially in complex cases) to get a plenary order of protection.
Your safety is important. Call Erlich Law at 630-538-5331 to discuss getting a restraining order as quickly as possible.
What Is a Restraining Order?
Courts issue restraining orders to limit or forbid one person from contacting or coming near another person. In Illinois, they are technically “orders of protection.” Courts issue them for various reasons, including domestic violence, harassment, and stalking. Filing a restraining order can keep a respondent from approaching the petitioner’s home, workplace, or school. There are typically three categories for orders of protection.
- Emergency order of protection: An EOP is the quickest type of restraining order and is for cases with imminent danger. Judicial officers can issue them without the offender being present. Petitioners can file for emergency orders at any time, including nights when courts are closed and on holidays and weekends. EOPs can remain in effect for up to 21 days.
- Interim order of protection: An interim order can last up to 30 days and may be used after an emergency order expires before a full hearing can be held.
- Plenary order of protection: A plenary order requires a full court hearing (which usually occurs within 14 to 21 days of an emergency order). The full court hearing gives both the petitioner and the respondent the opportunity to present their cases. A plenary order of protection can be in effect for up to two years and may be renewed.
Overall, Illinois has four types of protection orders that cover varied situations. For instance, workplace harassment or neighbor disputes may get to the point where legal action is necessary. Victims of online harassment or stalking can also seek protective orders, especially in cases of online threats.
Orders of protection are for domestic cases where the victim has a known relationship with the offender. Civil no contact orders are for sexual assault cases with no relationship between victim and abuser. Stalking no contact orders are for stalking or harassment incidents. Meanwhile, firearm restraining orders are for crisis situations when a household member has firearm access and may use it for harm.
How to Get a Restraining Order in Illinois
Getting a restraining order in DuPage County and elsewhere in Illinois often requires filing a court petition. You can also request an order with your divorce or during a criminal prosecution.
File a Petition
Often, you can file through the family court system. Your petition needs specific information about the type of threat or abuse, the relationship between petitioner and the respondent, and any previous incidents of violence or harassment. Victim advocates may be available to help, and an orders of protection attorney is a good resource.
For an emergency order, the court can hold an ex parte hearing without the abuser’s presence. The judge reviews your petition and decides whether to issue an emergency order of protection.
Serve the Respondent
After the court issues the emergency order, someone needs to serve the respondent. The sheriff’s office or other law enforcement officer can do this.
If the respondent cannot be located, it may complicate the process, but does not necessarily derail it. Petitioners must show good-faith efforts to serve the respondent, including at various known addresses and workplaces. The process server should document these attempts.
In cases involving significant safety concerns, law enforcement officials may actively search for the respondent. Service by publication may be an option, and the court must approve it. It is typically a last resort and entails a notice of legal action in the newspaper where the respondent likely is.
The plenary hearing may be delayed while attempts to locate the respondent are ongoing. Emergency or interim orders should offer protection during this time, and an attorney can guide you through other methods of service, document your attempts to find the respondent, and advocate for your safety.
Present Your Case at the Plenary Hearing
At the plenary hearing, present evidence such as witness statements, medical records, police reports, or communications from the respondent to strengthen your case for a restraining order.
How Long Does It Take to Get a Restraining Order?
How fast can you get a restraining order? It is possible to get a restraining order on the same day you file for it or within 24 hours of filing. Specific timelines in DuPage County vary depending on the type of restraining order at issue and the nuances of the situation.
Illinois law lets you file a petition for an emergency order of protection without the respondent being notified or present. The ex parte hearing is usually on the same day as filing or within 24 hours, which can help people leaving domestic violence situations or facing the immediate possibility of violence.
For longer-term protection, getting a restraining order can take a few weeks to a few months. During these few weeks or months, emergency or interim orders can be in place. A few months may be necessary in complex cases such as those involving child custody disagreements and fights over money or property. Plenary orders may last up to two years and can be renewed an unlimited number of times.
Filing a Restraining Order for Harassment
Harassment can be similar to domestic violence in some ways, but often involves different circumstances. For instance, harassment may include stalking, threats, or unwanted contact from a person with whom you are not necessarily in a domestic relationship.
Illinois lets you file a restraining order for harassment in a way similar to domestic violence cases. Emergency orders for harassment are possible. Evidence such as text messages, emails, and social media posts can show clear and present danger and ongoing harassment.
Handling Domestic Violence in Divorce Cases
How does the court handle domestic violence in divorce cases? Some divorces involve domestic violence allegations. Family courts overseeing these divorce cases may issue orders of protection.
These restraining orders can affect court decisions on child custody, property division, and other matters. For instance, the court may call for limits or supervised time when the accused is with his or her children. The accused might not be allowed to enter the family home.
How a Lawyer Can Expedite the Process
A lawyer can get your filing processed as quickly and efficiently as possible. For example, forms should be completed accurately, and evidence must show the need for protection. Attorneys familiar with the DuPage County court system understand local procedures and can prevent unnecessary delays.
A lawyer can advocate for you in court and prioritize your safety. He or she can advise you on what to expect at each stage and help with enforcing the restraining order if the respondent violates it.
What Happens If the Respondent Violates the Restraining Order?
Common violations include continuing to make contact, approaching the petitioner’s home, workplace, or school, or keeping up the harassment or threats. Petitioners should contact their lawyer or law enforcement immediately. The police can arrest the respondent.
Depending on the nature of the violation, criminal charges may result. Jail time and fines are possible outcomes, with considerations including the severity of the violation and whether it is a first-time or repeat offense.
The court can also change the existing restraining order to increase the protections. For example, the timeframe the order covers could be extended and additional restrictions implemented.
How to Prepare for Your Family Court Hearing in DuPage County
If you have a hearing coming up for a plenary order of protection or the restraining order is part of a divorce or custody dispute, here are some tips on how to prepare for your family court hearing.
- Gather evidence: Gather police reports, medical records, photos of injuries, and other documentation that shows the abuse or harassment. If navigating child custody agreements, gather information related to the children’s well-being.
- Consult an attorney: An orders of protection attorney can be especially useful for contested hearings or complex cases.
- Practice your testimony: Your attorney can help you prepare your testimony. You need to explain your situation as clearly as possible to the judge.
- Follow court procedures: Show up for all hearings, and follow court instructions. If you do not follow instructions or miss a date, it could negatively affect your case.
You usually can get an emergency restraining order on the same day you file. Contact us at Erlich Law Office so we can help.
