Ex Parte Order Of Protection Hearings In Illinois

Orders of protection are for people in fear of another person…whom they were in a relationship with or shared a home with? Confronting someone you are both that close to and in fear of is overwhelming. Illinois law allows that the first time a victim of abuse is in court, the victim can testify without the alleged abuser there. The victim need not even notify the alleged abuser of their intent to secure an initial, emergency order of protection. This “petition by surprise” allows the petitioner immediate protection where notice might provide a final opportunity for the respondent to harass or abuse the petitioner before an order of protection is entered. Presenting anything in court without notice and without the respondent present is referred to as “ex parte.” What Does Ex Parte Mean? Ex parte means “Done or made at the instance and for the benefit of one party only, and without notice to, or argument by, anyone having an adverse interest” Black’s Law Dictionary (11th ed. 2019) “One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm.” Debra Pogrund Stark & Jessica Choplin, Seeing the Wrecking Ball in Motion: Ex Parte Protection Orders and the Realities of Domestic Violence, 2017 U. Ill. L. Rev. ___ (2017) Parties seeking protection need to know that they can proceed to court without initial confrontation. Respondents to those petitions need to know what rights they have once the ex parte evidence has been offered. Getting An Ex Parte Hearing On A Petition For Order Of Protection In Illinois Ex parte hearings are granted in emergency petitions for orders of protection. “An emergency order of protection shall issue if petitioner satisfies the requirements of this subsection for one or more of the requested remedies. For each remedy requested, the petitioner shall establish that:         (1) The court has jurisdiction under Section 208;        (2) The requirements of Section 214 are satisfied; and        (3) There is good cause to grant the remedy, regardless of prior service of process or of notice upon the respondent.” 750 ILCS 60/217(a)(emphasis mine) The ex […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/ex-parte-order-of-protection-hearings-in-illinois/