Home > FAQs > Orders of Protection
Orders of Protection
To get answers to frequent questions about orders of protection and divorce proceedings, please select one of the links below:
I was served with an emergency order of protection. What are my rights?
An emergency order of protection is only valid for only 21 days. The date the order expires is stated on the order of protection.
There is a hearing date scheduled which is also stated on the order which usually coincides with the date of the expiration of the emergency order. At the hearing, the person who obtained the order of protection will be required to present evidence to establish that there are grounds to continue the order beyond its expiration date.
In the interim, you have the right to bring a motion to reopen and rehear the emergency order of protection on two days notice to the person who obtained the emergency order. Such a motion must be supported by an affidavit setting forth the reasons the emergency order of protection should be denied.
Upon the expiration of an emergency order of protection, what other types of orders of protection can I obtain?
There are two types of orders of protection: an interim order and a plenary order of protection. The interim order can last for no more than 30 days. A plenary order of protection can last for no longer than two years – although in certain circumstances it may be extended beyond that term.
Other than obtaining an order of protection, are there other ways to have a spouse removed from the marital residence?
Under the Illinois Marriage and Dissolution of Marriage Act, you can seek exclusive possession of the marital residence if you can prove that the physical or mental well being of either you or your children is jeopardized by occupancy of the marital residence by both you and your spouses.
 The purpose of this frequently asked questions (FAQs) are to provide a general overview of certain Illinois family law issues. These FAQs are not intended to provide legal advice that applies to any specific case. The nature of family law proceedings is that the facts and circumstances of each case are critical when a lawyer provides legal advice. Further, these FAQs are not intended to be inclusive or to deal with every situation that may arise in matrimonial disputes. You should discuss with your attorney how the particulars of these Questions and Answers may apply to your case.
Hopefully these FAQs will serve at least two purposes for you. It can give you a working familiarity with some basic concepts in Illinois family law so that when you meet with your attorney you will be in a better position to discuss various issues and to use your time efficiently. Because you will likely be receiving a tremendous amount of information in your initial consultation with your attorney, these FAQs might also help you retain critical information and refresh your recollection of what your attorney told you.
The statements contained in these FAQs do not necessarily reflect the positions of the Illinois Chapter of the American Academy of Matrimonial Lawyers.
|
For more information about the Illinois Chapter of AAML and the services we provide, please contact us at 1-312-263-7682 between 8 a.m. and 5 p.m. Central Standard Time (CST), fill out our contact form, or email us at info@aaml-illinois.org.
|
