The person wanting an order of protection must file for an Emergency Order of Protection. In Illinois an Emergency Order of Protection is a court order that becomes effective as soon a the Judge enters it. The person requesting the Emergency Order of Protection is known as the Petitioner, and the person whom it is against is the Respondent. The Respondent does not need to be present for the court to enter an Emergency Order of Protection. In Illinois Emergency Order of Protection tends to last for 14 to 21 days. If the judge decides to grant the Emergency Order of Protection, he will then set another court date for what is known as the Plenary Hearing. At this court date the Judge will decide whether or not to enter a Plenary Order of Protection.
At the Plenary Order of Protection hearing, the Respondent has a chance to defend himself. The Respondent must be served and notified of when the court hearing will take place. The Petitioner and Respondent can both calls witnesses and put on evidence in support of the Plenary Order of Protection, or against it. After hearing evidence from both parties, the court will then decide whether or not to enter a Plenary Order of Protection. If the court determines there is a basis for an Plenary Order of Protection, the court can enter a Plenary Order of Protection which can last up to two years.
Order of Protection violation?
If the Respondent violates the Order of Protection, then he or she has committed a criminal offense. 720 ILCS 5/12-3.4 which is the Illinois law governing violation of Order of Protections states that if an offender violates a Order of Protection then they have committed a Class A Misdemeanor offense.
Conviction of a Class A Misdemeanor carries with it the possibility of fines up to $2,500 and up to 1 year in jail.
Guns and an Order of Protection
In Illinois if you have an Order of Protection entered against you then you can not possess a firearm. This only lasts for as long as the Order of Protection is in effect. You will receive written notice in the mail notifying you that your FOID card has been revoked. Also, if you have a No Contact Order entered against you that prohibits you from stalking, threatening, abusing, or harasses the other party, your FOID card will also be revoked pursuant to Federal Law.