I have an Order of Protection that is going to expire. What do I do?

Scales of justiceGenerally, an Order of Protection (plenary, civil) will expire automatically on a specific date.  In the event that you wish to have your Order of Protection extended, you must file a Motion before it expires requesting that it be extended.

The Courts have very liberal ability to extend an Order of Protection in Illinois.  They may extend it for “good cause shown”, and that is it.  However, in the instance that the abuse, harassment, or other behavior that was the basis for your order of protection has ceased, and there doesn’t appear to be any threat that same will resume, it is not likely the order of protection will be extended.

However, if the facts and allegations that were heard at the initial hearing were so heinous or disturbing that the Judge believes there is cause for the order of protection to be extended, the Judge does have the discretion to extend it.  It does not necessarily have to terminate, and the Judge is given a lot of liberty to determine whether or not the order of protection should remain in place.  The Judge may also extend the order of protection long enough so that you can have a full hearing on your motion to extend the order of protection, without prejudice to the Respondent.

Essentially, the facts of your specific case, including what has happened since the date of entry of the order of protection both will contribute to whether or not the order of protection will be extended.  The important thing to note is whether or not your order of protection will expire on its’ own, and it is also important that you take the steps to extend it if you feel that it is necessary to do so, prior to the expiration of the order.

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