Often times, a court will grant orders of protection based on one party’s testimony, without giving the accused party a chance to give their side of the story. Those subject to orders of protection face significant consequences including restrictions on their movement, loss of child custody, firearm restrictions, legal costs, mandatory court appearances, and possibly, negative impacts to their employment. The potential reputational harm, emotional toll and financial strain that result can be very upsetting for the accused, especially if the claims are exaggerated or unfounded.
Fortunately, for those subject to orders of protection, the orders are not set in stone, but can be modified if legal standards are met. A respondent may appear and petition the court to rehear the original or amended petition allowing someone who did not receive proper notice to request a review, particularly when they have a valid defense to the allegations or the order was improperly granted.
Protection Orders at a Glance
To understand the process of modifying a protection order, it is helpful to review the three primary types of orders of protection under the Illinois Domestic Violence Act, which vary in duration according to the urgency or severity of the situation as presented in the petition to the court:
Emergency Orders of Protection: Immediate temporary relief in urgent situations issued without prior notice to the accused, lasting up to 21 days or until a hearing is held. The order may include no contact, firearm surrender, temporary custody arrangements that typically favor the petitioner.
Interim Orders of Protection: Serves as 30 day bridge between emergency orders and plenary orders providing continued protection until hearings are arranged. Interim orders may be extended for good cause.
Plenary Orders of Protection: Offers long term (up to 2 years) protection after full hearing with the possibility of extension. Orders may include provisions for child custody, support, possession of home or counseling requirements.
When seeking a modification to protection orders, it is best to strike early when emergency orders of protection are granted, requesting a review of the facts that may lead the court to reconsider.
After a plenary orders of protection are granted, the bar for modification is higher, but not impossible if changes in the law or new facts emerge that warrant adjustments which may include findings that a change in visitation, custody, or support provisions serve a child’s best interests over the terms of an existing order.
Beyond the initial review period, a Motion to Modify is the standard way to adjust an Illinois protective order’s terms. If the validity of the plenary order is in question, a Motion to Vacate may be the mechanism to overturn a protective order. Keep in mind that both petitioners and respondents can request changes at any stage, typically when the respondent feels the order of protection went too far and the petitioner believes the original order did not go far enough. If parties to the order subsequently divorce or have a child custody case before the court, the orders of protection will be consolidated into the case, giving the presiding judge the authority to make changes to the original order as warranted.
Contact Our Family Law Office for Help Today
When you are subject to Illinois orders of protection or are a victim of domestic violence and wish to execute an order of protection, it is important to work with an attorney with experience and knowledge to represent your interests. Contact the family law office of Ronald L Bell & Associates for immediate assistance today.