Defending Against Orders of Protection in Will County
An order of protection can be filed against you without warning. In many cases in Joliet, the first time you learn about an order of protection is when police serve you with papers telling you that you cannot return to your home, contact your spouse or partner, or see your children. Emergency orders of protection in Illinois can be granted without you being present in court or having any opportunity to tell your side of the story.
If an order of protection has been filed against you in Will County, or if you have been charged with violating an existing order, you need an attorney who understands both the civil and criminal sides of these proceedings. At the Law Offices of Jack L. Zaremba, P.C., Attorney Jack Zaremba defends clients facing orders of protection and violation charges throughout Joliet, Will County, and Grundy County. As a former Will County prosecutor, he has extensive experience with domestic violence cases and knows how to challenge these orders effectively.
Types of Orders of Protection Under Illinois Law
The Illinois Domestic Violence Act of 1986 (750 ILCS 60) establishes three types of orders of protection, each with different procedures and durations:
Emergency orders of protection (750 ILCS 60/217) — These are the most common starting point. An emergency order can be issued on an ex parte basis, meaning the judge hears only from the person seeking the order. You do not need to be present, notified, or given a chance to respond before the order takes effect. Emergency orders last 14 to 21 days and are designed to provide immediate protection while a full hearing is scheduled. If you have had an emergency order issued against you in Joliet, it is critical to prepare for the hearing where the order may be extended.
Interim orders of protection (750 ILCS 60/218) — These are issued after the respondent has received notice but before a full hearing on a plenary order. Interim orders last up to 30 days and serve as a bridge between the emergency order and the final hearing.
Plenary orders of protection (750 ILCS 60/219) — A plenary order is issued after a full hearing where both sides have the opportunity to present evidence and testimony. Plenary orders can last up to 2 years and can be renewed. This is the hearing where your defense matters most, because a plenary order has serious long-term consequences for your housing, parental rights, employment, and freedom.
What an Order of Protection Can Require
Under 750 ILCS 60/214, an order of protection issued in Will County can impose any of the following restrictions on the respondent:
- Prohibition of abuse and contact — You may be barred from any contact with the petitioner, including in person, by phone, text, email, social media, or through third parties
- Exclusive possession of the residence — You may be ordered to leave your own home, even if you own it or are on the lease
- Stay-away orders — You may be required to stay a specified distance from the petitioner’s home, workplace, school, or other locations
- Temporary custody of children — The court can grant temporary custody to the petitioner and restrict or supervise your parenting time
- Firearm surrender — You may be required to surrender all firearms and your FOID card for the duration of the order. The court can issue a search warrant to seize firearms from your home or vehicle
- Counseling requirements — The court may order you to attend domestic violence counseling, anger management, or substance abuse treatment
- Financial support — The court can order temporary support payments and possession of personal property
These restrictions take effect immediately upon service of the order. Violating any provision — even unintentionally — can result in criminal charges in Joliet.
Criminal Penalties for Violating an Order of Protection
Violation of an order of protection is a criminal offense under 720 ILCS 5/12-3.4. The penalties escalate with prior violations and the nature of the conduct:
First violation — Class A misdemeanor: up to 364 days in jail and fines up to $2,500. A mandatory minimum of 24 hours in jail applies if the violation involved physical contact or the threat of physical force.
Second or subsequent violation — Class 4 felony: 1 to 3 years in prison and fines up to $25,000.
Violation involving bodily harm — Can be charged as domestic battery or aggravated domestic battery in addition to the violation charge, resulting in multiple criminal counts.
Will County judges take order of protection violations extremely seriously. Even minor technical violations — such as sending a text message or showing up at the same grocery store — can result in arrest and criminal charges in Joliet. If you have an active order of protection against you, strict compliance is essential while your attorney works to challenge or modify the order.
How to Fight an Order of Protection in Joliet
You have the right to contest an order of protection at the hearing for a plenary order. Emergency and interim orders can also be challenged through a motion for rehearing under 750 ILCS 60/224. Effective defense strategies include:
- Challenging the evidence of abuse — The petitioner must prove abuse as defined by the statute. If the alleged conduct does not meet the legal definition of abuse, harassment, or interference with personal liberty, the order should not be granted.
- Presenting your side of the story — Emergency orders are issued without your input. The plenary hearing is your opportunity to present witnesses, evidence, and testimony that contradicts the petitioner’s allegations.
- Exposing false or exaggerated claims — Orders of protection are sometimes sought as a tactical weapon in divorce or custody disputes. We investigate the circumstances surrounding the petition, including the timing relative to other legal proceedings, and expose any improper motives.
- Demonstrating lack of threat — If you can show that you pose no credible threat to the petitioner, the court may decline to issue or extend the order.
- Negotiating modified terms — Even when an order is likely to be granted, your attorney can negotiate narrower restrictions that allow you to maintain contact with your children, remain in your home, or preserve your employment.
- Seeking vacatur or modification — If circumstances have changed since the order was issued, you can petition the court to vacate or modify the order under 750 ILCS 60/224.
The standard of proof for an order of protection in Illinois is preponderance of the evidence — lower than the beyond-a-reasonable-doubt standard in criminal cases. This means the petitioner’s burden is lighter, but it also means a strong defense presentation can make the difference between an order being granted or denied in Will County court.
Frequently Asked Questions About Orders of Protection in Joliet
Can an order of protection be issued without me knowing?
Yes. Emergency orders of protection in Illinois are issued ex parte, meaning the judge hears only from the petitioner. You will not be notified until after the order is entered and served on you. This is why attending the follow-up hearing and presenting your defense is critical.
How long does an order of protection last in Illinois?
Emergency orders last 14 to 21 days. Interim orders last up to 30 days. Plenary orders can last up to 2 years and can be extended by the court. If you do not contest the order at the hearing, a plenary order may be entered by default.
Can I see my children if there is an order of protection against me?
It depends on the terms of the order. The court may grant supervised visitation, restrict parenting time, or temporarily suspend your access to your children. An experienced Joliet defense attorney can argue for parenting time provisions that protect your relationship with your children while complying with the order.
What happens if I accidentally violate an order of protection?
Even unintentional contact can result in criminal charges. If you encounter the protected person in a public place, you should leave immediately. If they contact you, do not respond — save the evidence that they initiated contact and notify your attorney. Will County prosecutors have charged violations based on social media interactions, third-party messages, and accidental encounters.
Related: Return to Domestic Violence Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Orders of Protection Defense Attorney
Whether you are facing a newly filed order of protection, preparing for a plenary hearing, or charged with violating an existing order in Will County, the Law Offices of Jack L. Zaremba, P.C. can help protect your rights. Contact us at 815-740-4025 for a free consultation. We are available 24 hours a day and handle cases throughout Joliet, Will County, and Grundy County.