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 should 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 (Note: this is a Rule 23 ruling that has subsequently been superseded by Graham v. Van Rengen, 2024 IL App (2d) 230611, which is discussed below. Still, new evidence is encouraged in an order of protection’s extension)
You 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).
Typically, 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)
The requirement of establishing “good cause” when extending an order of protection is only necessary if the extension is indefinite.
“If the extension is contested and is to remain in effect until vacated or modified, i.e., of an unspecified duration, the petitioner must establish “good cause” for the extension, in addition to meeting the requirements of section 219 of the [Illinois Domestic Violence] Act… Conversely, if an extension is contested and for a fixed period not exceeding two years, the “good cause” requirement is not implicated, and the plenary order may be extended if the requirements of section 219 are satisfied.” Graham v. Van Rengen, 2024 IL App (2d) 230611
For clarity, orders of protection can be extended for another fixed period of time based on nothing more than the first instance of abuse that triggered the original order of protection.
There is nothing “in section 219 [of the Illinois Domestic Violence Act] that prohibits the trial court from extending a plenary order of protection based on the conduct that formed the basis for the initial plenary orders.” Graham v. Van Rengen, 2024 IL App (2d) 230611
This begs the question of whether a hearing is required at all to extend an order of protection.
“Any emergency, interim or plenary order may be extended one or more times, as required, provided that the requirements of Section 217, 218 or 219 [of the Illinois Domestic Violence Act], as appropriate, are satisfied” 750 ILCS 60/220(e)
Section 219 of the Illinois Domestic Violence Act instructs that “[f]or each remedy requested, petitioner must establish that:…the requirements of Section 214 are satisfied” 750 ILCS 60/219(2)
Section 214 of the Illinois Domestic Violence Act instructs that the court “consider…the nature, frequency, severity, pattern and consequences of the respondent’s past abuse, neglect or exploitation of the petitioner or any family or household member, including the concealment of his or her location in order to evade service of process or notice, and the likelihood of danger of future abuse, neglect, or exploitation to petitioner or any member of petitioner’s or respondent’s family or household” 750 ILCS 60/214(c)(1)
When extending an order of protection, an Illinois domestic violence court merely needs to “considered the nature, frequency, severity, pattern, and consequences of respondent’s past abuse.” Graham v. Van Rengen, 2024 IL App (2d) 230611
Again, a quick review of the prior order of protection is all that’s necessary in order to extend an order of protection for another fixed period of time.
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.
