Kristie C. Fingerhut, a Libertyville domestic violence attorney, has nearly a decade of experience in helping victims and respondents of domestic abuse. She can assist you in immediately petitioning the court for a temporary order of protection. This is done by presenting, in good faith, your reasons for needing such an order. The temporary order may be issued without requiring the other person, the Respondent, to be present.
A future hearing will be scheduled, generally sometime within two days to up to three weeks after the temporary restraining order is entered. At that hearing, the Respondent will be allowed to present the other side of the case. Meanwhile, examples of temporary orders of protection include ordering the Respondent:
Type of protective orders
- To stay away from the victim, including staying away from the family home.
- To have no contact with the victim, including no phone calls, no texts, no emails, no faxes, no sending of gifts or leaving notes in the victim's mailbox or car.
- To stay away from the victim's job or school.
- To have no contact with the children of the alleged abuser and the victim.
Court orders of protection are issued depending on the circumstances of each individual case and are of the following types:
- Emergency Order of Protection (EOP): This happens when the situation requires immediate protection. The Respondent is not notified of the hearing and it is held outside his or her presence. The order that is issued is valid for a limited number of days until a hearing can be held at which the Respondent can appear and provide a defense.
- Interim Order of Protection: If the Respondent appears at least once, but a full hearing has not been conducted, an Interim Order may be issued for up to 30 days and renewed as necessary until a full hearing is concluded.
- Plenary Order of Protection (POP): This is essentially a permanent order that can last up to two years and is entered at the conclusion of a full hearing.
At FW Family Law Group LLC, we recognize there are times when a petitioner's request for a protective order against our client may not be warranted. When this happens, we defend our clients and work to achieve a fair outcome.