Posted on June 6, 2023

Extending A Plenary Order Of Protection In Illinois

An order of protection in Illinois only lasts so long.

“A plenary order of protection entered under this Act shall be valid for a fixed period of time, not to exceed two years” 750 ILCS 60/220(b)

What happens after that two years have passed? Does an abuser always learn their lesson after two years and stops bothering their former victims? Hopefully…but that does not always happen.

The person who requested the order of protection can ask to extend the order of protection before the two years are up.

“Any…plenary order may be extended one or more times, as required” 750 ILCS 60/220(e)

If the person who is subject to the order of protection (the Respondent) does not object, the order of protection can be extended so long as the Petitioner completes an affidavit saying “nothing has changed.”

“If the motion for extension is uncontested and petitioner seeks no modification of the order, the order may be extended on the basis of petitioner’s motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension.” 750 ILCS 60/220(e)

This “no material change” standard only applies when “petitioner seeks an uncontested extension of the order and allows the court to extend the order without the necessity of testimony.” Stapp. v. Jansen, 2013 IL App (4th) 120513

If the Respondent does object, some additional proofs are required to extend an order of protection in Illinois.

“Section 220(e) of the Illinois Domestic Violence Act of 1986(Act) ( 750 ILCS 60/220(e) (West 2010)) provides a plenary order of protection may be extended one or more times, as required, provided the requirements of section 219 of the Act are satisfied. 750 ILCS 60/220(e) (West 2010). In turn, section 219 of the Act requires (1) service of notice of a hearing for extension on the respondent and (2) the petitioner satisfy the remedy requirements of section 214 of the Act (750 ILCS 60/214 (West 2010)). 750 ILCS 60/219 (West 2010). Section 214 of the Act sets forth, in pertinent part, the various remedies and what a petitioner must show to obtain an order of protection. 750 ILCS 60/214(b) (West 2010). If a petitioner shows she was abused within the meaning of the Act by a preponderance of the evidence, the trial court shall issue an order of protection. 750 ILCS 60/214(a) (West 2010). If these provisions are satisfied, the trial court can extend the order of protection.” Stapp. v. Jansen, 2013 IL App (4th) 120513

If the extension of the petition for order of protection is contested, there has to be something more, some new kind of evidence different and in addition to the evidence that was originally presented when the order of protection was first granted.

“Section 220(e) makes clear that in a case involving a contested motion to extend, like this case, the findings in the original order cannot be the basis for extending the order.” In Re Marriage of Botero, 2023 IL App (1st) 221576-U

You probably would not be seeking an extension of an order of protection if the Respondent had disappeared from your life. So, there should be plenty of new evidence to extend the order of protection.

The Respondent will have the opportunity to contest that new evidence in an evidentiary hearing.

“Extensions [of orders of protection] may be granted only in open court” 750 ILCS 60/220(e)

There will be no backroom deals with extensions of orders of protection. “Open court” means (1) “[a] court that is in session, presided over by a judge, attended by the parties and their attorneys, and engaged in judicial business,” and usually “refers to a proceeding in which formal entries are made on the record”; or (2) “[a] court session that the public is free to attend.” Black’s Law Dictionary 1314 (11th ed. 2019).

You will only need one extension because an Illinois court has the power to extend the order of protection until further order of court.

“An extension of a plenary order of protection may be granted, upon good cause shown, to remain in effect until the order of protection is vacated or modified.” 750 ILCS 60/220(e)

If you need your order of protection extended or you need to fight an extension of an existing order of protection contact my Chicago, Illinois family law firm to speak with an experienced Illinois order of protection attorney.

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Russell Knight

Russell D. Knight has been practicing family law as a Chicago divorce lawyer since 2006. Russell D. Knight amicably resolves tough cases while remaining a strong advocate for his client’s interests.

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