How To Modify An Order Of Protection In Illinois

Petitions for orders of protection can be heard with only one person’s testimony. Furthermore, the standard of proof to grant an order of protection can be absurdly low, as only “abuse” in almost any form, can be established by one person’s biased description.   When an order of protection is granted by an Illinois court, one party to an intimate relationship (often a marriage) is left out of the house and may even be barred from seeing their own children. At this moment, all may seem lost. The order of protection is entered, the judge’s mind is made up and the Respondent has been labelled an “abuser.” While there may be little to no chance of undoing an order of protection in its entirety, an order of protection can always be modified in order to allow a party back into their house, to see their children or even vacate the order of protection. “A court’s authority to dissolve or modify a previously entered injunctive order exists in a dissolution proceeding just as in other civil proceedings.” In re Marriage of Fischer, 228 Ill.App.3d 482, 488, 170 Ill. Dec. 168, 592 N.E.2d 604, 608 (1992) Modifying an order of protection in Illinois usually depends on what kind of order of protection is currently in place. “[T]he Domestic Violence Act…provides for the entry of (1) an emergency order of protection (2) a 30-day interim order of protection; and (3) a plenary order of protection” In re Marriage of Gordon, 599 NE 2d 1151 – Ill: Appellate Court, 1st Dist., 6th Div. 1992 Modifying An Emergency Or Interim Order Of Protection In Illinois Emergency and interim orders of protection are, by their nature, temporary until a full and final hearing can determine if a long-term, plenary, order of protection should issue. Because of this, it is almost as easy to petition to modify an emergency or interim order of protection as it is to issue an emergency or interim order of protection. “Upon 2 days’ notice to petitioner, in accordance with Section 211 of this Act, or such shorter notice as the court may prescribe, a respondent subject to an emergency or interim order of protection issued under this Act may appear and petition the court to re-hear the original or amended petition. Any petition to re-hear shall be verified and shall allege the following:(1) that respondent did not receive prior notice of the […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/how-to-modify-an-order-of-protection-in-illinois/