My significant other got an Emergency Order of Protection against me, do I have to wait to until the hearing date listed on the Order or can it be heard before then?

The short answer is no. If the hearing for the Emergency Order of Protection occurred without any notice being given to the you and the you have a meritorious defense to the order or any of its remedies of the order or any was not authorized by the Act, a Respondent can request to have an emergency re-hearing on the initial petition in accordance with 750 ILCS 60/224 (d)(1)(2).

 

It is imperative in the Petition though that you list your meritorious defense or what remedies were awarded that were not authorized.  It is not enough to claim that the Order of Protection is causing you hardship and you were not giving any notice.  There is a burden or proof that must be reached during a hearing or an Order of Protection for a Judge to enter an Order.

 

If you do have a meritorious claim or a remedy was awarded under the Petition that was not permitted, upon two (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 issues under this Act may appear and petition the court to re-hear the original or amended petitioner.  Any petition to rehear shall be verified and shall allege the requirements listed prior.

 

As long as your petition is accepted and approved by the Judge, a re-hearing will occur and you will be able to defend your position and provide evidence as appropriate.  After the hearing, either the Protection Order will be dismissed or a plenary Order for Protection will be entered for a certain amount of time with remedies that the Court deems appropriate to your particular case.

 

If you do not go in on an Emergency Petition to re-hear the Order of Protection, your case will be heard on the date listed on the Order and you should appear to defend your case. At this time either the Order will be dismissed or a Plenary Order of Protection will be entered.

 

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